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Resolution No. 2012-082RESOLUTION NO. 2012-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF ALL AMERICAN ASPHALT FOR CITYWIDE RUBBERIZED EMULSION -AGGREGATE SLURRY (REAS) SEAL PHASE I IN ACCORDANCE WITH CONTRACT NO. CS-0052 OF THE CITY OF VERNON AND APPROVING THE EXECUTION OF SAID CONTRACT WHEREAS, Contract No. CS-0052 of the City of Vernon was approved by the City Council of the City of Vernon pursuant to Resolution No. 2012-40; and WHEREAS; on April 11, to said Resolution; and 2012,sealed bids were opened pursuant WHEREAS, said bids were referred to Samuel Kevin Wilson, Director of Community Services & Water, who recommends to the City Council in a memo dated May 21, 2012, that Contract No. CS-0052 for Citywide Rubberized Emulsion -Aggregate Slurry (REAS) 'Seal Phase I, be awarded to All American Asphalt on the basis of its bid in the amount of Six Hundred Eleven Thousand Dollars and No Cents ($611,000.00)., being the lowest responsible bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon does hereby award Contract No. CS-0052 to All American Asphalt in - accordance with the recommendation of Samuel Kevin Wilson, Director of Community Services & Water, and authorizes the Mayor or Mayor Pro-Tem to execute the Contract for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 3: All other bids are rejected subject to execution of the contract and the City Treasurer is hereby directed to return to unsuccessful bidders any cashier or certified checks deposited with said bids upon the receipt of an executed contract from All American Asphalt accompanied by all required bonds and certificates. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of.this City. . APPROVED AND ADOPTED this 5th day of June, 2012. V a Name: William J. Davis Title: Mayor Pro-Tem - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-82, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 5, 2012, and thereafter was duly signed by the Mayor or Mayor Pro -Tern of the City of Vernon. Executed this day of June, 2012, at Vernon, Californi . 4lardVZY.2"amaciuihi, Icilty Clerk (SEAL) - 3 - CITY CLERK'S OFFICE INTER -OFFICE MEMORANDUM DATE: June 7, 2012 TO: S. Kevin Wilson, Director of Community Services & Water FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2012-82 - A Resolution of the City Council of the City of Vernon Accepting the Bid of All American Asphalt for Citywide Rubberized Emulsion - Aggregate Slurry (REAS) Seal Phase I in Accordance With Contract No. CS-0052 of the City of Vernon and Approving the Execution of Said Contract Transmitted herewith is a copy of Resolution No. 2012-82, referenced above, which was approved by City Council on June 5, 2012. WY:dj c: Pin Chan Resolution No. 2012-82 Contract No. CS-0052 RECEIVED RECEIVED MAY 22 2012 MAY 24 2012 CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPARTM DATE: May 21, 2012 TO: Honorable Mayor and City Council FROM: Samuel Kevin WilsonDirector of Community Services & Water RE: Contract No. CS-0052: Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I Bid Award The bids for Contract No. CS-0052, Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I, were received and opened on April 11, 2012. The calculated results are as follows: Roy Allan Slurry Seal Inc. $ 593,954.28 All American Asphalt $ 611,000.00 Pavement Coating Co. $ 685,117.53 Koch -Armstrong General Engr., Inc. $ 704,759.00 The project consists of spot repair on the deteriorated asphalt concrete pavement and rubberized emulsion -aggregate slurry (REAS) seal on various streets located west of Soto Street. Funds for the project will come from "EWB Street Improvements" Account No. 011.100150. Roy Allen Slurry Seal Inc's bid however, substituted "Tire Rubber Modified Slurry Seal" (TRMSS), which was not specified in the Contract Specifications for REAS which was specified. The TRMSS specifications do not meet the City's Contract Specifications requirements for Central Plant mix product to insure consistency in the manufacturing of the product and the emulsion content of 28% to 35% of dry aggregate weight. The TRMSS product will be mixed in the field (on the streets) and its emulsion content of 15%, is much less than the City's Contract Specifications. Also a report prepared by a University of Wisconsin professor found that TRMSS was not equal to REAS. A copy of the report is attached herewith. Additionally, Roy Allen Slurry Seal Inc., submitted an analysis of TRMSS by an independent consultant, LaBelle -Marvin Inc., which provided a breakdown of the constituents of the TRMSS material. The report showed that TRMSS was more closely related to "Type II Emulsion -Aggregate Slurry" which has much less asphalt content than REAS. It is recommended that Roy Allen Slurry Seal Inc.'s bid be rejected for not complying with the instructions of the bid and that Contract No. CS-0052 be awarded to the lowest responsible bidder All American Asphalt, in the total bid amount of $611,000.00 and a resolution awarding the contract be adopted and the Mayor and City Clerk be authorized to execute the contract documents. SKW/pc Enclosures RECEIVED 4' oy MAY 2>4 2012 CITY CLERK'S OFFICE COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM En TO: Mark Whitworth, City Administrator Cc� FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: May 21, 2012 SUBJECT: Contract No. CS-0052: Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I - Bid Award The bid for contract No. CS-0052, Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I, were received and opened on April 11, 2012. The calculated results are as follows: Roy Allan Slurry Seal Inc. $ 593,954.28 All American Asphalt $ 611,000.00 Pavement Coating Co. $ 685,117.53 Koch -Armstrong General Engr., Inc. $ 704,759.00 The project consists of spot repair on the deteriorated asphalt concrete pavement and rubberized emulsion -aggregate slurry (REAS) seal on various streets located west of Soto Street. Roy Allen Slurry Seal Inc's bid however, substituted "Tire Rubber Modified Slurry Seal" (TRMSS), which was not specified in the Contract Specifications for REAS which was specified. The TRMSS specifications do not meet the City's Contract Specifications requirements for Central Plant mix product to insure consistency in the manufacturing of the product and the emulsion content of 28% to 35% of dry aggregate weight. The TRMSS product will be mixed in the field (on the streets) and its emulsion content of 15%, is much less than the City's Contract Specifications. Also a report prepared by a University of Wisconsin professor found that TRMSS was not equal to REAS. A copy of the report is attached herewith. Additionally, Roy Allen Slurry Seal Inc., submitted an analysis of TRMSS by an independent consultant, LaBelle -Marvin Inc., which provided a breakdown of the constituents of the TRMSS material. The report showed that TRMSS was more closely related to "Type II Emulsion - Aggregate Slurry" which has much less asphalt content than REAS. Itis recommended that Roy Allen Slurry Seal Inc.'s bid be rejected for not complying with the instructions of the bid and that Contract No. CS-0052 be awarded to the lowest responsible bidder All American Asphalt in the total bid amount of $611,000.00 by resolution. All American Asphalt has been found to be a licensed, financially capable company and has satisfactorily completed prior capital improvement projects for the City. Please place this item on the June 5, 2012 City Council meeting agenda. Thank you. SKW/pc Enclosures White Paper on Comparison of Slurry Seal Products Used in Southern California May 2011 M The University of Wisconsin -Madison Asphalt Research Group Background: Emulsion slurry seals are stable mixtures of emulsified asphalt, mineral aggregate, water, set control agents and latex. There are various types of these slurry seals that vary by type of asphalt emulsions used and the mixture design (proportions of emulsions to aggregates). This report is written compare four slurry seal products commonly used in southern California: (1) Rubberized Emulsion Aggregate Seal (REAS), (2) Tire Rubber Modified Slurry Seal (TRMSS), (3) Conventional Emulsion Slurry Seal, and (4) Rubber Polymer Modified Slurry Seal (RPMS) The report objective is to challenge the claim that new products such as the (TRMSS) and the (RPMS) are equivalent to the well established and commonly used product called (REAS). REAS has been used in the field for many years and has performed much superior to conventional slurries. The challenge is based on comparing three important characteristics: (1) composition of emulsion, (2) amount of emulsion used, and (3) cost and rate of setting. 1. Comparing Composition of Emulsions Used It is well recognized that the performance of slurry seals depends on the type of emulsion used. Table 1 compares the minimum emulsion residue (asphalt binder amount after water, evaporated) and the minimum rubber required in the production of the emulsion. These values are taken from the draft specifications of the products as listed in the green book or as supplied by the producers. Three important observations can be made: 1.1 The REAS specifications require a minimum of 15.0 % to 26% residue content. This is more than double the amount of residue required for the TRMSS and the RPMS. It is logical to expect that this difference in residue will provide a much thicker film of binder to protect the aggregates and give more service life. It is also known that oxidative aging of asphalt binders is highly related to the film thickness. With almost double the film thickness of binders in the REAS, deterioration of the slurry caused by aging of binders in REAS will be much slower and less damaging. 1.2 The minimum residue required for the TRMSS and the RPMS is the same as the conventional slurry seal. It is thus believed that TRMSS and RPMS should be compared to the conventional seal rather than the REAS. It is known that REAS is much more superior product than the conventional 2 seal and thus comparing TRMSS/RPMS and REAS is not very logical form a durability and performance expectation. 1.3 Amount of recycled rubber incorporated in the asphalt binder is known to have significant effect on theological and failure properties of binders. It is known that more rabbet increases viscosity and elasticity, allowing seals to perform much better by resisting flow under high pavement temperatures and increased traffic loading. It is also known that more rubber increases toughness and strain tolerance at low pavement temperatures making seals more resistance to shrinkage.cracking and to fatigue.cracking. As shown in Table 1, The REAS contains more than double the amount of recycled rubber compared to the TRMSS and the RPMS. Although the relationship between amount of rubber and resistance to damage could be.not linear, there is a wealth of literature that indicates increased rubber concentration results.in significantly better performance. 1.4 It is thus difficult to accept the claims that TRMSS or RPMS can deliver the same. performance as the REAS. The significant margin (more than double) of the residue and the amount of recycled rubber make these two products very different and cannot be expected to perform the same. Table 1. Comparison of Emulsions used in REAS / TRMSS / RPMS/ Conventional Slurry Seal * Minimum Emulsion Residue Content by Dry Aggregate Weight - Conventional REAS TRMSS Slurry Seal RPMS Type 1 26.00% 10.00% 10.00% 10.00% Type II 17.00% 7.50% 7.50% 7.50% Type III 15.00% 6.50% 6.50% -- Minimum Recycled Tire Rubber Content By Dry Aggregate Weight Conventional REAS TRMSS Slurry Seal RPMS Type 1 1.69% 0.65% 0.00% 0.575%+.20%* Type 11 1.11% 0.49% 0.00% Same Type III 0.98% 0.42% 0.00% Addendum A specifies tire rubber content as 5% by volume of binder. Also, it requires 2% of binder SBR latex 3 2. Mixture Design of Slurry Seals The proportioning of the emulsion to aggregates is an important design aspect of slurry seals. Higher emulsion content ensures better coating of the aggregates and thicker binder films that can provide better protection to the aggregates. This increased protection results in more resistance to moisture damage in wet climates, resistance to raveling under traffic action, and resistance to oxidative aging in warm climates. It is also believed that thicker films will reduce stress/strain in binder films allowing more resistance to fatigue cracking under traffic. Table 2 shows the minimum required emulsion content for the different seals. The following observations can be made: 2.1 The first observation is that the REAS require almost 2.9 times (— 200% more) emulsion for type I than the TRMSS and RPMS, 2.4 times (- 140% more). emulsion for type II, and 2.5 times (.-150%more) emulsion than the TRMSS/RPMS. It is thus not realistic to compare these two products as equal due to such significant variation in the composition. 2.2 The second observation is that the requirements of the TRMSS, RPMS, and the conventional slurry seals are identical. Based on such designs, it appears more logical to compare the TRMSS and RPMS to the conventional design rather than the REAS: . Table 2. Comparison of Mixture Designs of REAS / TRMSS / RPMS/ Conventional Slurry'Seal * Minimum Emulsion Content by Dry Aggregate Weight Conventional REAS TRMSS Slurry Seal RPMS Type 1 50.006/6 17.00% 17.00% 17.00% Type II 33.00% 14.00% 14.00% 14.00% Type 111 28.00% 11.00% 11.00% -- 2.3 Based on the mixture design (Table 2.) and the minimum residue required (See Table 1 above), it is estimated that the REAS after breaking and setting will contain residual binders almost 4 times ( 300% more) than the TRMSS, RPMS, and the conventional. If does not appear to be logical to compare these products as similar, or to expect same service lives. Although both products contain rubber, a difference of 300% in residual binder content, with more than double recycled rubber make these products very different. 3. Setting Rates, Cost and Life Expectancy It is claimed that TRMSS and the RPMS, because they use a cationic emulsion, sets faster with all aggregates, more consistently, have a wider temperature application range, and costs about 25 % less than other rubberized slurry seals (Brochure from Pacific Emulsions). The following points offer challenges to these claims based on existing literature: 3.1 Based on the analysis presented in sections 1.0 and 2.0, it is clear that the cost reduction for the TRMSS and RPMS can only be achieved at the cost of inferior quality. Using less residue binder and less recycled rubber content without doubt Out the quality of the slurry at risk. Considering the fact that there is more than 300% more residual binder and more than 100% more recycled rubber could imply that the TRMSS and RPMS products cost should be only a fraction of the production cost of REAS. It is also clear that the quality of TRMSS/RPMS is only a fraction of the REAS. Using simple calculation of cost of recycled rubber, asphalt binders and aggregates, one can estimate that reduction in cost for the TRMSS and RPMS, as compared to the REAS, should be more than 50 % less, not 25 % less than the REAS. 3.2 Rate of setting, consistency, and application temperature range are known to depend on many factors, not only the charge of emulsion as claimed by the producers of TRMSS and RPMS. Reviewing the TRB Circular 102 on asphalt emulsions, published in 2008, Table 3 includes some of the important factors that are considered to be important and how they are related to the REAS and TRMSS/RPMS. Table 3. Cooments on Claims of Setting Rate and Consistency Statements from TRB Circular 102 Comments about REAS as Compared to TRMSS "Increasing or decreasing the asphalt cement content. It is imporant to note that REAS has much Increasing the asphalt content will break an emulsion higher asphalt content than the TRMSS. Thus faster while decreasing the content will slow the set it is expecetd to set faster. down " "Ambient and emulsion temperatures. Higher Selecting the appropriate temperature for temperatures will cause an asphalt emulsion to break application could be more important than faster." using a different charge on the emulsion. Claiming that at all conditions a Cationic emulsion will set faster is not very scientific. "Asphalt emulsion particle size and distribution. The finer Again it is clear that charge of the emulsion is the asphalt cement droples size and the smaller the not the only factor and there are many other dispersion will increase the setting time of an emulsion." factors that affect setting rate. "The use of additives can increase or decrease the REAS include the use of additives, such as breaking of an asphalt cement. In applications such as cement to adjust the setting rate to an optimum slurry seals, hydrated lime or portland cement is added to time and conditions. set the mixture faster." "Some aggregates, like carbonates, and fillers, like Using anionic emsulison make the risk of cement, may neutralize acid in cationic emulsions causing destabilization much less. the pH to rise and the emulsion to be destabilized. Anionic emulsions may be destabilized by soluble multivalent ions. In practical situations too early coalescence of the asphalt droplets can hinder final curing by skin formation reducing the eva oration of water." 4. Conclusions Based on detailed analysis of the characteristics of REAS and TRMSS/RPMS, the following conclusions can be drawn: • These products are not equal and cannot be fairly compared due to significant differences in the composition of the emulsion and the proportions used in the mixture design. • The claims in cost reduction are derived from significant reduction in binder content and recycled rubber content. Such reductions are known to cause reduction in quality and cause inferior performance in terms of resistance to moisture, traffic, and oxidation. Consider the performance factors one could postulate that the cost of TRMSS/RPMS should be much lower and more comparable to conventional slurry seals rather than REAS. • The claims of faster setting and more consistency for the TRMSS are challenged by a number of important statements found in the most recently published TRB Circular 102. The claim that charge of the emulsion, by itself, is a good measure of setting and consistency is not supported by the information in this Circular written by experts in the field and endorsed by the TRB committee (AFK20) on bituminous binders. 6 ANALYSIS • DIi! April30, 2012 rVill PROFESSIONAL PAVEMENT ENGINEERING A CALIFORNIA CORPORATION Mr. Jinr Furnell Pacific Etnnlsio»s, Inc. 12643 Emmens Way Santa Fe Springs, CA 90670 Dear Mr. Fennell: s u )II S \W11.\I f HJ ILVo k)(.) Type ll EfliulsiO11 Aggregate Skrrry Seal Mix Data CQS-Ih n/10% !'R & 2% Latex Project No. 38122-2 Laboratory testing for the Type II Emulsion -Aggregate Slurry mixture delivered to our laboratory on 4/26/2012 has been completed. Results are based upon samples of aggregate and asphalt emulsion provided by Pacific Emulsions. The identified sources of materials are included within the report. Samples were prepared in proportions supplied by client. The results of various material properties were evaluated, including material workability, Consistency, and resistance to wear. The attached Mix Data represents the materials provided Laboratory testing was performed in accordance with ASTM D-3910 as modified within the Standard Specifications. Laboratory test data are attached. - The opportunity to be of service is sincerely appreciated and should you have any gLICStions, kindly call. Respectfully Submitted, R. Q(V )V Oi ra �F( .�Si%ven R. Marvir, RCE 30659 SI M:Iw 2700 S. GRAND AVENUE . SANTA ANA, CA 92705.5404 . (714) 546-3468 . FAX (714) 546-5841 INFOPLABELLEMARVIN.COM April 30, 2012 Pacific Emulsions Project No.38122-2 Type II Slurry Seal Page 2 TYPE 11 EMULSION AGGREGATE SLURRY SEAL AGGREGATE TYPE11 EMULSION CQS- III With 10%Tire Rubber & 2.0% Latex ADDITIVE Cement AGGREGATE GRADATION, Type 11 Aggregate MATERIAL SOURCE Chandler Aggregates, Corona Plant Pacific Emulsions, Santa Fe Springs Sieve Percent PassinL Tvnc 11 Snccii'ication 100 100 �2" 100 3/8" 100 100 #4 100 90-100 #8 82.5 65-90 #16 53.3 45-70 00 34.8 30-50 #50 23.1 18-36 IN 00 15.8 10-24 #200 10.9 5-15 Sand Equivalent 72 55 min. 'ITSTS ON EMULSION Test Result Specification Residue by Not Performed 60 minimum Evaporation April 30, 2012 Pacific Emulsions Project No.38122-2 Type if Slutry Seal Page 3 Data 'Tabulation Trial #I % Emulsion, DWA _ 15.0 CQS-Ib w/ 3% Latex % Acid Water, DWA 10.0 %Cement, DWA 1.0 Consistency, nun 25 WTAT Abrasion Loss G/Sq. Ft, 50 (1 hour Soak, 77 degrees F) 1i:11wh 0 /dill' I JUN 2 5 2012 CITY ATTORNEY DEPT. COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Willard Yamaguchi, Interim City Attorney FROM: Samuel Kevin. Wilson, Director of Community Services & Water DATE: June 25, 2012 SUBJECT: Citywide Rubberized Emulsion -Aggregate Slurry (PEAS) Seal Phase I - Contract No.CS-0052 Enclosed are the Contract No. CS-0052 documents, in triplicate. Please review and approve the insurance coverage and bond documents from All American Asphalt. Please also sign where indicated and return the documents to my office. If you have any questions, contact Pin Chan of my staff at extension 318. Thank you. SKW/pc Enclosures r-c tKt-- L� c� CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: July 9, 2012 TO: S. Kevin Wilson, Director of Community/Services & Water FROM: Willard Yamaguchi, City Clerk b�_t RE: Contract No. CS-0052 — Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I Transmitted herewith are two duplicate originals of the contract referenced above, approved by the City Council of the City of Vernon on June 5, 2012, through Resolution No. 2012-82. If you have any questions, please let me know. Thank you. WY:dj Attachments c: Pin Chan Contract No. CS-0052 Resolution No. 2012-82 CITY OF VERNON CALIFORNIA CITYWIDE RUBBERIZED EMULSION - AGGREGATE SLURRY (REAS) SEAL PHASE I Contract No. CS-0052 Bid Opening Date: April 4, 2012, 2:00 p.m. Construction Start Date: June 4, 2012 or Later COMMUNITY SERVICES & WATER DEPARTMENT CITY OF VERNON M 4305 SANTA FE AVENUE VERNON, CA 90058 (323) 583-8811 TABLE OF CONTENTS Page A. NOTICE INVITING SEALED PROPOSALS(BIDS) ........................:........................................... A-1 B. INFORMATION FOR BIDDERS 1. General.................................................................................................................. B-1 2. Contract Documents.................................................................................................................. B-1 3. License ............................ 4. Proposals.................................................................................................................. B-1 5. Contract and Bonds..........................................................................................................:........ B-2 6. Addenda.................................................................................................................. B-3 7. Withdrawal of Bid.................................................................................................................. B-3 8. Award or Rejection of Bids............................................................................................................ B-3 9. Bidders Interested in More Than One Bid .............................................. .................. ............ .......... B-3 10. Insurance and Financial Requirements.......................................................................................... B-3 it. Preliminary Estimate.................................................................................................................. B-3 12. Deductive Items.................................................................................................................. B-4 13. Tour of the Site ................... 14. Project Description.................................................................................................................. B-4 15. Project Map.................................................................................................................. B-5 C. BID FORM PROPOSAL TO THE CITY OF VERNON 1. Proposal.................................................................................................................. C-1 2. Bid Prices.................................................................................................................. C-2 3. Materials................................................................:................................................. C-4 4. Subcontractors C-5 5. Deposit of Security.................................................................................................................. C-6 6. Bonds.................................................................................................................. C-6 7. Withdrawal.................................................................................................................. C-6 8. Principals.................................................................................................................. C-6 9. License and Signature.................................................................................................................. C-7 10. Bidder's Qualifications.................................................................................... I .... ........ ............... C-8 11. Contractor's Acknowledgement of Insurance Requirements......................................................... C-9 D. CONTRACT Article1. GENERAL ................................. :................................................................................. D-1 Section1. Scope of Work.................................................................................................................. D-1 Section2. Consideration.................................................................................:................................ D-1 Section3. Payments.......:.......................................................................................................... D-1 Section 4. Contract Documents........................................................................................................... D-2 Section 5. Compliance with Provisions of Law.................................................................................. D-2 Section 6. Costs and Attorney's Fees....................................................................................:............. D-2 Section7. Notices...........................................................................................:...........: D-2 Section 8. Conflict with Plans and Specifications.............................................................................. D-2 Section9. Assignment:................................................................................................................. D-2 Section10. Paragraph Headings..........................................................................:............................... D-3 Section 11. Authority of City's Representative ................. i Page Article 2. WAGES, HOURS AND WORKING CONDITIONS.................................................... D-3 Section 12. General Prevailing Wages................................................................................................. D-3 Section13. Hours of Work............................................:..................................................................... D-3 Section14. Apprentices.................................................................................................................. D-3 Section15. Subcontractors.................................................................................................................. D-3 Section16. Discrimination.................................................................................................................. D-4 Section17. Safety...........................................................................:..................................... D-4 Section 18. Character of Workers......................................................................................................... D-4 Article 3. INSURANCE, INDEMNIFICATIONS AND BONDS .................................................. D-4 Section19. Insurance.................................................................................................................. D-4 Section20. Indemnification................................................................................................................. D-4 Section 21. Workers' Compensation.................................................................................................... D-5 Section 22. Labor and Material Bond..........................................................:....................................... D-5 Section 23. Performance Bond............................................................................................................. D-5 Article4. PERFORMANCE ............................... ....................................................... . ...................... D-5 Section24. Time for Completion..............................................................................................:.......... D-5 Section25. Force Majeure..:.......... ............. ....... .....:............ ..................................... .........................D-5 Section26. Utility Relocation .............................................................................................................. D-5 Section 27. Public Convenience ........ ..... ......... ..... .............. ........... ........................... ........ ......... ............D-5 Section28. Excavations.................................................................................................................. D-6 Section29. Extra Work.................................................................................................................. D-6 Section30. Clean-Up..........................:....................................................................................... D-7 Section31. Materials.................................................................................................................. D-7 Section 32. Permits and Licenses......................................................................................................... D-8 Section 33. Land and Rights of Way................................................................................................... D-8 Section34. Plans and Drawings ............................ _............................................................................. D-8 Section 35. Shop Drawings Submitted by the Contractor.................................................................... D-9 Section 36. Supervision by the Contractor ........................................ .......... .................................:....... D-9 Section 37. Inspection of Work ..................................................... .....................:................................. D-9 Section 38. Correction of Defective and/or Unauthorized Work .......................................................: D-9 Section 39. Errors or Discrepancies Noted by Contractor................................................................... D-10 Section40. Equipment................................................................................................. D-10 Article5. MISCELLANEOUS.......................................................................................................... D•10 Section 41. Damages for Delay....................................................................................................... D-10 Section42. Guarantee.................................................................................................................. all Section 43. Risk of Loss Prior to Final Acceptance............................................................................. D-11 Section44. Termination.................................................................................................................. all Section 45., Standard Specifications..................................................................................................... D-12 ii Page E. BOND FORMS AND INSURANCE REQUIREMENTS................................................................E-1 Workers' Compensation Certificate......................................................................................................E-2 PerformanceBond ................ :........ ....................................................................................... E-3 Laborand Material Bond................................................................................................................E-5 InsuranceSchedule.....................................................................................................:..........E-7 DocumentationRequired................................................................................................................E-7 Proof of Insurance, Approval as to Form...............................................................................................E-8 Sample Irrevocable Letter of Credit......................................................................................................E-9 F. SPECIAL PROVISIONS................................................................................................................F-1 I. GENERAL...............................................................................................................F-1 StandardSpecifications..........................................................................................................I......F-1 Examinationof the Site................................................................................................................F-1 Mobilization................................................................................................................F-1 TrafficControl ..................................... ........................................................................... F-1 ProhibitedParking in Work Area.........................................................................................................F-2 ConstructionSchedule................................................................................................................F-2 ConstructionHours................................................................................................................F-2 Construction Activities Coordination...............................................................................................F-3 MaterialSubmittals................................................................................................................F-3 Material and Equipment Storage Areas...............................................................................................F-3 PublicConvenience................................................................................................................F-3 DustControl................................................................................................................F-3 TemporayWater Meter .... ............................ ..................... ........................................................... F-3 Private or Public Property Damage.............................................................................1........................F-4 Cleaning of the Site During Construction............................................................................................F-4 Final Cleaning of Construction Site and Restoration...........................................................................F-4 SanitaryFacilities................................................................................................................F-4 Storm Water Pollution Prevention Plan(SWPPP).......................................................... - ................... F-4. UnitPrices................................................................................................................F-5 II. ASPHALT CONCRETE COLD PLANNING AND REPLACEMENT.................................F-5 AsphaltConcrete Material................................................................................................................F-5 Quality Assurance and acceptance......................................................................................................F-6 Field Testing of Asphalt Base Pavement Relative Compaction.........................................................F-6 Uniform Thickness Cold Planning......................................................................................................F-6 TackCoat Application ............. ................................................................................................... F-6 Asphalt Concrete Replacement..........................................................................................................F-7 lII. RUBBERIZED EMULSION -AGGREGATE SLURRY (REAS) SEAL, TYPE II .............F-7 General................................................................................................................F-7 Laboratory Evaluation and Report ....................................................................................................F-7 600-3 Rubberized Emulsion -Aggregate Slurry (Green book)............................................................F-8 iii Page Equipment ........ ............................................. ................... ......................................... F-12 Machine Calibration, Verification and Application Rate.....................................................................F-12 Limitation................................................................................................................ F-12 Notification, Posting and Schedule Changes.......................................................................................F-13 Responsibility................................................................................................................F-13 Preparation of the Existing Pavement Surface.....................................................................................F-14 Application................................................................................................................F-14 QualityControl................................................................................................................F-16 Guaranty........................................................... :.................................................... F-16 G. LIST OF 4" ASPHALT CONCRETE COLD PLANNING AND REPLACEMENT LOCATIONS H. MAP OF 4" ASPHALT CONCRETE COLD PLANNING AND REPLACEMENT LOCATIONS J. LIST OF RUBBERIZED EMULSION -AGGREGATE SLURRY (REAS) SEAL STREETS K. MAP OF RUBBERIZED EMULSION -AGGREGATE SLURRY (RFAS) SEAL STREETS (. L. CONTRACTSHEETSCHEDULE M. STANDARD PLANS iv M of COMMUNITY SERVI.CES & WATER DEPARTMENT Samuel Kevin Wilson, Director of Community Services & Water 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323)826-1435 April 2, 2012 Via E-mail and UPS NOTICE TO 9IDDERS - ADDENDUM NO.1 This notice shall be considered as Addendum No. I to the Plans and Specifications for `Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I', Contract No. CS-0052. Replace 12 pages for A-1, B-4, B-5, C-2, F-1, F-8, F-11,17-14, F-18, H, J and K which are attached and amended words are highlighted. Contract Specifications: In Section A, Page A-1, bid open date has been changed from Wednesday, April 4, 2012 to `Wednesday, April 11, 20122 In Section B, Page B-4, No, 14 - Project Description,.Sub-Item No. 2, add the following: `Central Plant Mix', `slow -set or' and `Central Plant Mix Rubberized Emulsion -Aggregate Slurry (REAS) Seal, Type 111. In Section B, Page B-5, `Project Map' has been revised. In Section C, Page C-2, bid Item No. 1.2 & 3 are to be amended as follows: 1. In bid Item No. 1, remove `41,523 square feet' and replace with 143,523 square feet' 2. In bid Item No. 2, remove `1,112 tons' and replace with 11,308 tons' and also add °S" deep rail track removal areas'. 3. In bid Item No. 3, entire sentence shall be replaced with the following: Construct `Central Plant Mix' Rubberized Emulsion -Aggregate Slurry (REAS) Seal, Type II (one layer only) on various streets per plans and special provisions, complete in place, approximately 1635 tons (apply 10 to 12 square feet per 13.5. pounds of REM) (1 ton = 2,000 pounds).' In Section F, Page F-1, add subtitle:` VI. RAILROAD TRACK RELATED ASPHALT CONCRETE WORK' In Section F, Page F-8, sub -paragraph 600-3.2.1 is to be amended as follows: 1. `The RPME shall be a `slow -set or' quick -set type of emulsion. In Section F, Page F-11, sub -paragraph 600-3.4, remove the `TABLE 600-3.4' and add the following: `The application rate of REAS mixed at a central mixing plant shall conform to 302-4.7.6.2 of Greenbook 20121, `Central Plant Mix', and 110 to 12 square feet per 13.5 pounds of REAS used.' E.jccCusivefy Industriaf In Section F, Page F-14, delete entire first paragraph: `Surface oil and grease shall be removed or sealed with emulsified gilsonite or an equivalent material approved by the Engineer before the application of the REAS slurry seal.' In Section F, Page F-18, add an entire new paragraph `RAILROAD TRACK RELATED ASPHALT CONCRETE WORK'. In Section J, `List of Rubberized Emulsion -Aggregate Slurry (REAS) Seal Streets' has been revised. Contract Plans: In Section H, add `BNSF Railroad ties removal locations' map In Section K, `Map of Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I' has been revised. Bidders shall acknowledge receipt of this addendum on sheet C-1 If you have any questions, please call Pin Chan of my staff at (323) 583-8811 extension 318. UfrYuel Kevin Wilson, P.E. SKW/pc Director of Community Services & Water c: Willard Yamaguchi NOTICE INVITING SEALED PROPOSALS (BIDS) NOTICE IS HEREBY GIVEN that the City of Vernon, (hereinafter "City") invites and will receive sealed proposals (bids) up to the hour of two (2) o'clock p.m. on Wednesday, April 11, 2012 (according to the clock in the City Clerk's office), for the furnishing to said City of all transportation, equipment, materials, labor, supplies and services necessary for Contract No. CS-0052, Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I. Proposals (Bids) shall be submitted to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 At said time, the bids will be opened in public and announced at the offices of the City. Bids shall conform to and be responsive to the requirements for Contract. No. CS-0052 and must be accompanied by a bid bond. The City Council of the City reserves the right to reject any and all bids. Copies of Contract No. CS-0052 are on file and may be examined in the office of the City located at:. mailed). 2012. Community Services & Water Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies may be obtained from said office with a nonrefundable deposit of $20.00 per set ($40.00 if Dated at the office of the City Clerk of the City of Vernon, this day of WILLARD YAMAGUCHI, CITY CLERK of the City of Vernon, California - A-1 - B. INFORMATION FOR BIDDERS 1. General The work hereunder must be done in strict conformity with the plans and specifications adopted and approved by the City for Contract No. CS-0052. 2. Contract Documents (a) The Contract Documents shall consist of the following: Notice Inviting Sealed Proposals (Bids) Information for Bidders Bid Form Proposal Bid Bond Contract Performance Bond Labor and Material Bond Proof of Insurance Workers' Compensation Certificate Special Provisions Detailed Plans and Specifications Standard Specifications and Drawings (b) All terms and conditions contained in the Contract Documents shall become a part of the Contract entered into between the successful bidder and the City. The City Council of the City reserves the right to reject any and all bids, and to waive any and all irregularities in any bids. 3. License A bid submitted by a Contractor who is not licensed in accordance with the provisions of Division III, Chapter 9, of the Business and Professions Code of the State of California will not be considered for award. 4. Proposals (a) Bids must be made in accordance with the following instructions: (1) Bids shall be made on the Bid Form Proposal furnished by the City as a part of Contract No. CS-0052. All bids shall be properly executed with the signatures of all signatories written in longhand. All blank items shall be filled in. Numbers shall be spelled out and written in Arabic figures. If the words and Arabic figures are different, the words shall be used and the Arabic figures disregarded. Erasures, interlineations or other corrections shall be authenticated by affixing next to the mark or correction, or in the margin immediately adjacent thereto, the initials of the signatory(ies) to the bid. If the unit price and the total amount set forth by a bidder, for any item, are not in the Bid Form Proposal, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto. (2) Bidders must submit bids on all of the schedules set forth in the Bid Form Proposal. (3) Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered except as specified. Oral, telegraphic and/or telephonic proposals or modifications will not be considered. (4) Bids shall be accompanied by a cashier's check, a certified check, or bidder's bond in an amount equal to 10% of the bid, made payable to or for the benefit of (as the case may be) the City of Vernon. Said check or bond shall be given as a guarantee that the bidder will enter into Contract No. - B-1 - CS-0052 if awarded the work. The check or the bid bond may be forfeited to the City if the successful bidder: (1) refuses or fails to execute the Contract within fifteen (15) working days after receipt of written notice from the City that the Contract is ready for signature, or (2) refuses or fails to furnish the required Contract bond and/or proof of insurance coverage within thirty (30) working days after the City has provided written notice of award. If no bid is accepted by the City Council, or if the successful bidder executes and delivers the necessary Contract Documents to the City, then the City will return all checks and bonds received by it within ten (10) days after the execution of said Contract or within ten (10) days after being requested to do so by the unsuccessful bidder. (b) Before submitting a bid, bidders shall: read Contract No. CS-0052, especially the Special Provisions, and all other Contract Documents with care; visit the site of the work, and; be fully informed about all the existing conditions and limitations. The bidder should also be fully aware of the bond and insurance requirements as to the successful bidder. The bid shall specify the amounts to cover the cost of all items included in Contract No. CS-0052. No allowance will be made because a bidder failed to examine the Contract Documents or obtain the requisite knowledge about the project prior to submitting its bid. (c) Bids shall be sealed in an envelope marked: Contract No. CS-0052, Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I Bids shall be addressed to the City Clerk of the City and shall bear the name of the bidder. Bids shall be delivered to the City Clerk on or before the day and hour for the opening of bids as set in the Notice Inviting Sealed Proposals (Bids). It is the SOLE responsibility of the bidder to see that the bid is delivered and received before the scheduled closing time for receipt of bids. Any bid received after the scheduled closing time shall be returned to the bidder unopened. (d) The City shall have a period of sixty (60) days after the opening of the bids within which to accept or reject any or all of the bids. 5. Contract and Bonds (a). The form of Contract that the successful bidder, as the Contractor, will be required to execute is included in the Contract Documents, and should be examined by the bidder with care. The Contract, bonds and other documents to be executed by the Contractor shall be executed in original triplicate stamped according to law. One original shall be filed with the City and the others with the appropriate City departments. (b) At the time the Contract is executed, the successful bidder will be required to furnish and maintain the following: (1) a Labor and Material Bond in an amount equal to 100% of the Contract price and (2) a faithful Performance Bond in an amount equal to 100% of the Contract price. The bonds shall be secured from a surety company that theCity finds acceptable. The surety's name must be on file with the County Clerk of Los Angeles County and/or the California Department of Insurance as an approved and financially sound surety company, authorized to transact business in this state. The bonds shall meet all of the requirements and contain all of the conditions specified in Sections 3247 and 3248 inclusive, of the Civil Code, and other applicable provisions of the law and/or regulations of the State of California. (c) If the successful bidder fails to execute the Contract, file the required bonds, and/or file proof of insurance coverage as required by the Contract Documents, the award of the Contract may be annulled by the City and the bid bond forfeited. 6. Addenda Any addenda issued before the time in which to submit bids expires, and included as a part of the Contract Documents furnished to the bidder for preparation of its bid, shall be covered in the bid and shall be a part of the Contract. Withdrawal of Bid Any bidder may withdraw its bid either personally or by a signed written request any time prior to the scheduled time for opening of the bids (but not after). 8. Award'or Rejection of Bids The Contract will be awarded to the lowest responsible bidder complying with these instructions and with the Notice Inviting Sealed Proposals (Bids). The City, however, reserves the right to reject any and all bids or to waive any irregularities in bids received. If, in the judgment of the City, a bid contains prices for the various items within the bid that appear to be unrealistically low, or if the bidder is not considered responsible, the bid maybe rejected. 9. Bidders Interested in More Than One Bid No person, firm or corporation shall be allowed to make or file, or be interested in more than one bid for the same work, unless alternative bids are permitted. A person, firm or corporation that has submitted a subproposal to a bidder or quoted prices on material to a bidder, may submit a subproposal or quote prices to. other bidders. 10. Insurance and Financial Requirements (a) Before entering into the Contract, the successful bidder shall furnish evidence that workers' compensation insurance, public liability, property damage insurance, and all other insurance specified in the insurance schedule set forth at pages E-7 and E-8 have been procured. The insurer must be an insurance company admitted in and authorized to do business in California and maintain a rating that is acceptable to the City. The insurance procured must be maintained in full force and effect for the entire duration of the Contract. (b) Before the Contract is awarded, any bidder upon request shall furnish a recent statement of said bidder's financial condition and previous construction experience or such other evidence of the bidder's qualifications, as may be required by the City. If not previously provided to the City, the successful bidder shall furnish a recent statement of its financial condition and previous construction experience or such other evidence of its qualifications before entering into the Contract. 11. Preliminary Estimate The preliminary estimate of quantities of work to be done and material to be furnished, as shown in the Contract Documents, are approximations and are given as a basis for the comparison of bids. The City does not expressly, or by implication, agrees that the actual amount of work will correspond with the preliminary estimates. The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work, as it deems necessary or expedient. The successful bidder shall not at any time after the submission of the bid have any claim for damages as a result of lowering of anticipated profits or the loss of profits because of any difference between the quantities of work actually done and those stated in its bidding sheets. Each bid item should be priced to carry its pro-rata share of the costs, overhead and profit. Bidders are cautioned against unbalancing their bid by including more than a pro-rata share of overhead and profit in any bid item. - B-3 - 12. Deductive Items Attention should be paid to Deductive Bid Items. These items have been listed in the Bid Price section of the Bid Form Proposal. All items will be totaled and included in the comparison of bids made by the City. The City has the option of deducting the Deductive Bid Items from the total bid price prior to awarding the Contract. 13. Tour of the Site A tour of the site of the proposed work has been set for Wednesday, March 28, 2012. The tour will start at the office of the Community Services & Water Department, City Hall, 4305 Santa Fe Avenue Vernon, California at: 9:00 a.m. 14. Project Description Contract No. CS-0052 involves the following street maintenance on various streets in the City of Vernon, State of California. (1} Asphalt Concrete Uniform Cold Planning and Repaving 4" uniform cold planning and disposal shall be made at the field marked deteriorated asphalt concrete pavement areas from the attached list and map. A tack coat of SS-lh shall be applied at the rate of 0.10 gallons per square yard to all uniform cold planed areas. Then, the cold -planed and tack coated areas shall be repaved and compacted within the same day with new asphalt concrete Class B-PG 70-10. (2) Central Plant Mix Rubberized Emulsion -Aggregate Slurry (REAS) Seal, Type II This work shall consist of formulating a slow -set or quick -set type mix design, cleaning pavement surfaces, mixing and applying a Central Plant Mix Rubberized Emulsion - Aggregate Slurry (PEAS) Seal, Type II surface treatment, and protecting the completed slurry seal until set per Standard Specifications for Public Works Construction (SSPWC) 2009 Edition, Section 600-3. (3) Re -striping The Contractor shall layout (cat track) the streets before re -striping. Re -striping (two coats), pavement marker (reflector) installation and pavement legend marking shall be installed per striping plans. Material for re -striping shall be water based Pervo paint with beads. The City shall provide City Standard Stencils for pavement legend marking. B-4 - o N J. Z ❑ 0 y�y w Z ❑ U d o 4Z i y F / / M }0ci 4 Q U F F Z X 0 N U j = N ' wZ�u1a F - ' W w Q Q i 3ap u WWI Q\ FJ N U N p I Q U W of 1. $n } LL �I Z W.L7 U W W_m ' / 1 I " l L — I -- -- vvv o u V ... .------1 n —I I 9 9 , I x I o / 4 / B I I Z N �0Z Q❑ B N Cl @ � a-ja o Z N u o o 0 W J W Q W 0 AWN �,..,. 1w� . i J W n =N QZ a cj Lao3 $ LJ � u I H 3190HH sv O µ„ 8-5 U C. BID FORM PROPOSAL TO THE CITY OF VERNON CALIFORNIA Proposal WORK TO BE PERFORMED: Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I - Contract No. CS-0052 Name of Bidder: 811 Amwi ca✓1 6S pha1+ Business Address: it) E64 RA , cLc000 P=A Phone Number: The site of the work to be performed and referred to herein is in the County of Los. Angeles, California. The work to be performed will be in accordance with the specifications and Contract Documents of Contract No. CS-0052. TO THE CITY COUNCIL OF THE CITY OF VERNON: Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and other documents relating thereto, the undersigned bidder, having become familiar with the terms of the Contract, and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform the Contract within 90 calendar days after issuance of a "Notice to Proceed" or commencement of work, whichever occurs first, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, material, tools, expendable equipment, and all utility and transportation services necessary in order to perform the Contract and complete in a workmanlike manner all of the work required as specified in Contract No. CS-0052, all in strict conf rm ty with the plans and specifications and other Contract Documents, including Addenda Numbers , and on file in the office of the City Clerk. — The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein, and that this proposal is made without collusion with any person, firm or corporation. The bidder proposes and agrees that if this proposal is accepted, the bidder will execute a Contract with the City that is in substantially the. same form as the Contract set forth in the Contract Documents. - C-1 - 2. Bid Prices The undersigned, as bidder, agrees that the bidder will accept in full payment thereof the following lump sum and unit prices, to wit: Perform all the work as specified herein and shown on the Plans and Special Provisions of the Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase 1, Contract No. CS-0052 including Asphalt Pavement Cold Planning and Replacement, Rubberized Emulsion -Aggregate Slurry (REAS) Seal and Re - striping. The total bid price amount includes furnishing all labor, materials, equipment, mobilization, traffic control, disposal of all removals, permits, fees, overhead, profit and taxes associated with the Contract No. CS-0052 with all of the work completes in place and in working order per to the plans and contract specifications. EXISTING ASPHALT PAVEMENT COLD PLANNING AND REPLACEMENT: Item No. 1 Uniform A. Cr`..Pavement Cold Plane cutting and disposal, 4" deep, approximately 42,523 square feet at: OY)&. Lollar'IYI61 '5106 per square foot words) 1.14 per square foot (figures) 1`�,�15.?� $ Item No. 2 (figures) Construct new A.C. Pavement Class B-PG 70-10 in the 4" deep uniform cold planned A.C. pavement and 8" deep rail track removal areas at various streets, complete in place, approximately 1,308 tons at: j�►r�e�� DptlAk ° (Ob per ton (figures) per ton — (figures) CENTRAL MIX RUBBERIZED EMULSION AGGREGATE SLURRY (REAS) TYPE II Item No. 3 Construct Central Plant Mix Rubberized Emulsion -Aggregate Slurry (REAS) Seal, Type II (one layer only) on various streets per plans and special provisions, complete in place, approximately 635 tons (apply 10 to 12 square feet per 13.5 pounds of REAS) (1 ton = 2,000 pounds) at: and -five'jol aK 70ci per ton (words) per ton (figures) $ 3M 05 — (figures), C-2 RE -STRIPING AND CONSTRUCTION SIGN: Item No. 4 Furnish and install striping, pavement marker (reflector) and pavement legend marking with two coats of water based Pervo paint with beads, per plans and special provisions, complete in place, 1 lump sum at: 5k,K V n dY �+ �y sdol laKords s lump sum Item No. 5 (figures) Furnish and install Standard Construction Sign (4' X 6') per City of Vernon Std. Plan MV2217, place, approximately 4 each at: complete in per each - (figures) - per each - (figures) Total, Item Nos. 1 through 5 inclusive: mJ7WT V1 (words) (figures) It is understood that the foregoing quantities are approximate only and are solely for the purpose of facilitating the comparison of bids, and that the Contractor's compensation will be computed upon the basis of the actual quantities in the complete work, whether they be more or less than those shown. C-3 3• Materials The name and address of the manufacturer for each type of material upon which this proposal is based is as follows: j . ,,1uU'D — V--E AS w C-4 4. Subcontractors The bidder as general contractor hereby identifies the subcontractors on the job for each particular trade or subdivision -of the work with each firm name and principal location of the mill, shop or office when the value of the work, labor or service performed is in excess of one-half of one percent of the total bid. The bidder agrees that there shall be no substitution of subcontracting except upon compliance with the "Subletting and Subcontractors Fair Practices Act" (Public Contract Code Sections 4100, et seg.). (Instruction: List only one subcontractor for each such portion.) DIVISION OF WORK OR TRADE A" rIr_WA PRINCIPAL LOCATION C-5 5. Deposit of Security ACCOMPANYING THIS PROPOSAL is — tt BiL��Pr� yj jr• a✓ Il (insert the words "Cashier's Check", "Certified Check", or "Bidder's Bond") in an amount equal to ten percent (10%) of the total of the bid, payable to or for the benefit of the City (as the case may be). The undersigned deposits the required security as a bid proposal guarantee and agrees that it shall be forfeited to the City as liquidated damages in case this bid proposal is accepted by the City, and the undersigned fails to execute the Contract. Bonds The undersigned agrees to provide the City with a Performance Bond and Labor and Material Bond in the form set forth in the Contract Documents within seven (7) working days after the date of mailing of the acceptance. The surety will be one that the City finds acceptable. Withdrawal The bidder acknowledges that it may withdraw its bid either personally or by a signed written request any time prior to the scheduled time for opening of the bids. Once the bids are opened, the bidder agrees that its bid will not be withdrawn for a period of sixty (60) days after the time set for the opening thereof. 8. Principals The names of all persons interested in this Bid Proposal as principals are as follows: C-6 License and Signature The undersigned is licensed in accordance with California Business and Professions Code, License No.12 10 ()' 3 Name of bidder: P i ` tam& j r410 hsphQ H: Signature of bidder: Title: Dated: NOTE: The complete and proper legal name of the bidder shall beset forth above. If the bidder is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and�2) the corporate secretary, any assistant corporate'secretary, the chief financial officer, or any assistant treasurer. If the bidder is a limited liability company, signatures are required of two. members or managers unless otherwise provided in the company's articles of organization. If the bidder is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. C-7 10. Bidder's Qualifications The Bidder must have a minimum of five (5) years of experience as an ongoing business enterprise in the specific type of work indicated in the proposal. The following contracts which show experience in work of similar scope to that covered in the proposal and which have been satisfactorily completed in the past five (5) years are: S&,e ed Pa0e5 YEAR NAME OF FIRM AND ENGINEER LOCATION CONTRACT AMOUNT The Bidder, as a contractor, has never failed to satisfactorily complete an awarded contract, except as follows: NI A- I declare under penalty ofperjury, under the laws of the State of Califq�nia, that the foregoing+s true and correct. Executed at _ l AP0Y� (lAQ on this l d° day of t 1 2012. % ii J•' 'Ka-1 1 ffiwt uy -UrAy C-e "2007" PAST WORK REFERENCES City of Westminster Citywide Street Improvements 8200 Westminster Boulevard Contract Amount: $1,085,000.00 Westminster, CA 92683 Start: 11/2006 Contact: Theresa Tran, (714) 898-3311 Ext. 282 Completed: 6/2007 City of Irvine Jeronimo Road P.O. Box 19575 Contract Amount: $649,000.00 One Civic Center Plaza Start: 3/2007 Irvine, CA 92606-5208 Completed: 5/2007 Contact: Uyenly Bui, (949) 724-7559 City of Anaheim Weir Canyon 2D0 S. Anaheim Boulevard Contract Amount: $795,000.00 Anaheim, CA 92805 Start: 3/2007 Contact: Robert Luciano, (714) 765-5286 Completed: 6/2007 City of San Clemente North El Camino Real 910 Calle Negocio, Suite 100 Contract Amount: $1,400,000.00 San Clemente, CA 92376 Start: 4/2007 Contact: Gary Voborsky, (949) 361-6132 Completed: 6/2007 City of Newport Beach Citywide Street Improvements 3300 Newport Boulevard Contract Amount: $1,392,000.00 Newport Beach, CA 92658 Start: 1/2007 Contact: Andy Tran, (714) 644-3311 Completed: 5/2007 City of Seal Beach Seal Beach Boulevard 211 Eighth Street Contract Amount: $930,647.00 Seal Beach, CA 90740 Start: 12/2006 Karim Varshochi, (714) 412-2722 Completed: 4/2007 City of Tustin Jamboree & Tustin Ranch Road 300 Centennial Way Contract Amount: $2,700,000.00 Tustin, CA 92630 Start: 11/2006 Contact: Benny Tenkean, (714) 573-3161 Completed: 4/2007 "2008" PAST WORK REFERENCES City of Irvine One Civic Center Plaza P.O. Box 19575 Irvine, CA 92606-5268 Contract: Kal Lambaz, (949) 724-7555 City of Anaheim 200 South Anaheim Blvd, Anaheim, CA 92805 Contact: Sean Razmy, (714) 765-5069 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Contact: Andy Tran, (949) 644-3315 University Drive Rehabilitation Contract Amount: $3,445,289.40 Start: 1/2008 _ Completed: 6/2008 Anaheim Blvd. Improvements Contract Amount: $278,391.00 Start: 4/2008 Completed: 6/2008 Superior Avenue Improvements Contract Amount: $862,862.00 Start: 1/2008 Completed: 6/2008 - City of Westminster Citywide Street Improvements 8200 Westminster Blvd. Contract Amount: $1,118,383.00 Westminster, CA 92683 Start: 3/2008 Contact: Theresa Tran, (714) 898-3311 Ext. 282 Completed: 7/2008 City of Lake Forest = 25550 Commercentre Drive, Suite 100 Lake Forest, CA 92630 Contact: Luis Estevez, (949) 461-3485 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Ed Torres, (714) 647-5018 Street Resurfacing & Slurry Seal Contract Amount: $1,638,523.00 Start: 2/2008 Completed: 4/2008 Santa Clara Avenue Improvements Contract Amount: $2,219,523.00 Start: 11/2007 Completed: 3/2008 "2009" PAST WORK REFERENCES City of Costa Mesa 77 Fair Drive P.O. Box 1200 Costa Mesa, CA 92628-1200 Contact: Tom Banks, (714) 536-5431 Prop 1 B Street Maintenance Contract Amount: $993,993.00 Start: 7/2009 On -going — not completed yet City of Dana Point Annual Roadway Resurfacing Project 33282 Golden Lantern Contract Amount: $3,982,982.00 Dana Point, CA 92628 Start: 4/2009 Contact: Archie Rempher, (949) 248-3500 On -going — not completed yet City of Beverly Hills = 345 Foothill Road Beverly Hills, CA 90210 Contact: Juan Martinez, (310) 285-2521 County of San Bernardino 825 East Third Street San Bernardino, CA 92415-0835 Contact: Sri Srirajan, (909)387-7935 City of Redondo Beach 415 Diamond Street Redondo Beach, CA 90277 Contact: Javier Urista, (310) 318-0661 2008-09 Street Resurfacing - Contract Amount: $4,085,000.00 Start: 1/2009 Completed: 8/2009 Arrow Route Contract Amount: $1,980,000.00 Start: 2/2009 Completed: 7/2009 Public Improvement Package Contract Amount: $1,678,000.00 Start: 1/2009 Completed: 9/2009 City of Westlake Village Joint Cities Pavement Rehab. Project 31200 Oak Crest Drive Contract Amount: $1,242,241.11 Westlake Village, CA 91361 Start: 6/2009 Contact: Roxanne Hughes, (805) 653-6597 Completed: 9/2009 Department of Transportation 12975 Culver Blvd. Los Angeles, CA 90066 Contact: Sixto Ramin, (213) 216-4406 City of Rialto 150 South Palm Avenue Rialto, CA 92376 Contact: Eddie Chan, (909) 820-2651 Route 27, Contract No. 07-2Y4904 Contract Amount: $915,511.00 Start: 6/2009 Completed: 9/2009 Route 210 Detour Contract Amount: $1,983,548.00 Start: 6/2009 Completed: 9/2009 "2010" PAST WORK REFERENCES City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Contact: Edward Torres, (714) 647-5018 City of Chino 13220 Central Avenue Chino, CA 91790 Contact: Emani Naghmeh, (909) 464-8367 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628-1200 Contact: Thomas Banks, (714) 754-5222 Segerstrom Avenue Rehabilitation Contract Amount: $2,094,618.00 Start: 11/2009 Completed: 3/30/2010 Street Rehabilitation Project FY 08/09 Contract Amount: $2,127,501.00 Start: 11/2009 Completed: 5/31/2010 Rehabilitation of Vanguard Way Contract Amount: $517,646.00 - Start: 12/2009 Completed: 2/30/2010 City of Westminster City-wide Overlay 09-10 St. Improvement Project 8200 Westminster Boulevard Contract Amount: $1,171,416.00 Westminster, CA 92683 Start: 2/1/2010 Contact: Tuan Pham, (714) 898-3311 ext. 209 Completed: 5/30/2010 City of Paramount 16400 Colorado Avenue Paramount, CA 90723-5012 Contact: Ed Cox, (562) 908-6205 City of Cerritos 18125 Bloomfield Avenue Cerritos, CA 90703-3130 Contact: Rash Syed, (562) 916-1221 City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Contact: Sean Ramsey, (714) 765-5059 City of Garden Grove 11222 Acacia Parkway Garden Grove, CA 92842 Contact: (714) 741-5180 Resurfacing in Rosecrans Avenue Contract Amount: $572,209.00 Start: 10/1/2009 Completed: 5/30/2010 Bloomfield Avenue Improvements Contract Amount: $1,103,000.00 Start: 3/1/2010 Completed: 6/20/2010 Magnolia Avenue Street Improvements Contract Amount: $868,000.00 Start: 4/1/2010 Completed: 7/20/2010 Harbor Boulevard Street Rehabilitation Contract Amount: $919,000.00 Start: 3/1/2010 Completed: 6/30/2010 "2011" PAST WORK REFERENCES City of Compton 205 South Willowbrook Avenue Compton, CA 90220 Contact: Loujuana Mitchell, (310) 761-1437 County of San Bernardino 825 E. Third Street San Bernardino, CA 92415 Contact: Franklin Lund, (909) 387-7920 County of Riverside 2950 Washington Street Riverside, CA 92504 Contact: David Hylkema, (951) 850-6075 City of Stanton 7800 Katella Avenue ( Stanton, CA 90680-3162 Contact: Quang Le, (714) 890-4234 City of Long Beach 333 West Ocean Blvd., 10`h Floor Long Beach, CA 90802 Contact: Chuck Ramey, (562) 570-6634 Northwood Avenue Reconstruction Contract Amount: $1,180,000.00 Start: 10/18/2010 Completed: 5/4/2011 Cajon Blvd. Contract Amount: $565,000.00 Start: 3/11/2011 Completed: 4/8/2011 De Luz Road Rehabilitation Contract Amount: $740,000.00 Start: 4/25/2011 Completed: 5/23/2011 2010/2011 Citywide Reconstruction Contract Amount: $322,322.00 Start: 3/1/2011 Completed: 4/30/2011 Annual Contract Street Reconstruction Contract Amount: $3,433,415:00 Start: 5/1/2010 - Completed: Still On -Going City of Paramount Neighborhood Street Resurfacing 16400 Colorado Boulevard Contract Amount: $899,909.00 Paramount, CA 90723-5012 Start: 11/1/2010 Contact: Len Gorecki, (562) 220-2111 Completed: 3/30/2011 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Contact: Dave Verone, (714) 375-8471 Slater Avenue Improvements Contract Amount: $1,926,341.00 Start: 8/2/2010 Completed: 2/30/2011 Department of Transportation Route 91 Project 464 W. Fourth Street Contract Amount: $5,732,812.00 San Bernardino, CA 92410-1400 Start: 3/1/2010 Contact: Imad Abugharbieh, (951) 277-8579 Completed: 3/30/2011 11. Contractor's A&nowledeement of Insurance Renuirements The Contractor acknowledges that the Insurance Schedule contained in section " E" has been reviewed, that a copy thereof has been submitted to an authorized insurance agent or broker, and that the proof of insurance required therein will be submitted within thirty (30) days after notification of the acceptance of the Contractor's bid. The Contractor understands that the Contract will not be executed by the City until all proof of insurance have been received and approved as to form by the City Attorney, The Contractor agrees that failure to submit the required proof of insurance within said thirty (30) days shall constitute grounds at the City's discretion for awarding the Contract to the next lowest bidder and for forfeiting the Contractor's bid bond. Date: I b Z Contractor —ell lawe!ro,Title: V �u� ■ Signatur � is '� s • ' C-9 UFidelity and, Deposit Company of Maryland v""'91 Home Office: P.O. Box 1227. Baltimore. MD 21203-1227 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, ALL AMERICAN ASPHALT BOND NO. 085 97 423 AND 5@0 , as Principal, (hereinafter called the "Principal'), P.O. Box 1227, Baltimore, Maryland 21203, a corporation duly organized under the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"), are held and firmly bound unto :ity of Vernon M Obligee, (hereinafter called the "Obligee"), in the sum of TEN PERCENT OF THE TOTAL BID PRICE IN ------- Dollars ($ 10% OF TOTAL BID PRICE ),for the payment of which sum well and truly to be made, the said Principal And the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Cgywide Rubberized Emulsion -Aggregate Slurry (Reas) Seal Phase I ntract No. CS-0052 Bid Date: April 4, 2012 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contracfwith another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th UM, Witness C/Yl- A. Wllkison, Notary Public Witness day of March 2012 A.D., ALL AMERICAN ASPHALT (SEAL) / PPrfrrd16a1 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety By P Pn C` [W�jy7 (SEAL) Rebecca Haas -Bates Attorney -in -Fact Printed in cooperation with the American Institutc of Architects (A] A) by Fidelity and Deposit Company of Maryland . Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactlyto the language used in Al Document A-310, February 1970 Edition. B I D7000OZZ0701 f EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though in affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 26th I day of March 2012 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside on April 3, 2012 before me, Debbie Matsen Notary Public Date Here Insect name and Title of the Officer personally appeared Robett Bradlev NameW of Signer(A who proved to me on the basis of satisfactory evidence to be the person(w) whose name(g) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(", and that by his/hes4heir DEBBIE MATSEN signatures) on the instrument the personV), or the entity upon behalf Commission 11958171 of which the person($) acted, executed the instrument. Notary Public , California Riverside County I certify under PENALTY OF PERJURY under the laws of the State of Comm. Ea Tres Nov22, 2915+ California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature Sge��/L.. Place Notary Seal Above Sig afore of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond, City of Vernon Document Date: March 26, 2012 Number of Pages: 1 Paee . Sigriero) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(tee) Claimed by Signer(F) Signer's Name: Robert Bradley o Individual 0,Corporate Officer —Title(4: Vice President ❑ Partner— o Limited o General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: _ All American Asphalt Tap of thumb here - Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑General ❑ Attorney in Fad o Trustee o Other: Signer is Representing: Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: Thal the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d fQ ereby nominate, constitute and appoint William SYRKIN, Rebecca HAAS-BATES, Se ADAIR and P. BAUER, all of Glendale, California, EACH its true and la -' 4 execute, seal and deliver, for, and on its behalf as surety, and as its ac o n ertakings, and the execution of such bonds or undertakings in pursuance hal e i said Company, as fully and amply, to all intents and purposes, as if the faapf�fis }ILJ ecut 1 by (tie regularly elected officers of the Company at its office in Baltim th n power of attorney revokes that issued on behalf of Richard ADAIR, P. BAUER o rya`r`g(L10 The said Assistant e'sWe�ree`bby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of June, A.D.2011. FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Eric D. Barnes Assistant Secretary State of Maryland ss: City of Baltimore Frank E. Martin Jr. Vice President On this 27th day of June, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FII5ELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 POA-F 012-0033D i�✓•'.i:':\<FYcftv.:iw.:)f/gt/>'£?YA+:%>L.ve;$�ii� ,AL.Oil.».'v0idi.4i:.�>Y�>i:'.�>Kaf.� ii:%iiq.� 'K.:O ,.c> �.�W N State of California County of Orange On 3/26/2012 before me, A. Wilkison, Notary Public Dale Here IneeH Name and Tilla of the OHlcer ' personally appeared Rebecca Haas -Bates A. WILKISON Commission # IM6283 a I . Notary Public - CaliforniaZ Orange Couy My Comm. Expires Sep 26, 2013 who proved to me on the basis of satisfactory evidence to be the person(&) whose name(,) is/afe subscribed to the within instrument and acknowledged to me that he/she/fhey executed the same in-his/her/Hteir authorized capacity(iee), and that by kis/herRkeir signature(4 on the instrument the person(,}, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place NOW seal Above - Signature / r rY Signature of Notary Pablk OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Document Date: 3/26/2012 Number of Pages: One-(1) Signer(s) Other Than Named Above: All American Asphalt Capaclty(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates 0 Individual G Corporate Officer—Tille(s): — O Partner — ❑ Limited O General 0 Attorney in Fact u Trustee C Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Nar ❑ Individual O Corporate Officer — Title(s): _ n Partner —❑ Limited Cl General n Attorney in Fact ❑ Trustee Guardian or Conservator O Other: Signerfs Representing: F D. CONTRACT THIS CONTRACT FOR, Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I, Contract No. CS-0052 is made, entered into, and executed in triplicate in the City of Vernon, California, as of the day of JW-L , 2012. BY AND BETWEEN CITY OF VERNON, a municipal corporation hereinafter referred to as "City" AND fF l l R5In U- o� xaaa Garon cL c,4 44 " 18- aaa a referred to as "Contractor". IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN SET FORTH, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Article 1. GENERAL Section 1. Scope of Work The Contractor will furnish all labor, equipment and materials and will perform all work described in the Contract Documents attached hereto and hereby incorporated by reference. Section 2. Consideration The City shall pay the Contractor for the performance of the work hereunder in accordance with the amounts set forth in Bid Form Proposal attached hereto and hereby incorporated by reference. Section 3. Payments (a) Monthly Progress ss Payments On or about the 25th day of each month, the Contractor shall submit to the City an application for its monthly progress payment. The application shall contain an estimate of the amount and value of all the work performed by the Contractor since the date of its last progress payment application. The City's Representative shall perform a quantity validation prior to approving the monthly progress payment. The City shall pay the Contractor, the amount of the approved monthly progress payment, less 5% retention. The monthly progress payment may also be reduced by the following: (1) amounts due to the City for equipment, services or materials fumished by the City in connection with work done on the project; (2) amounts of any claims or liens, and (3) amounts required to be deducted by Federal, State or local governmental authorities. Payment shall be made within thirty (30) working days of City's approval of the Contractor's monthly progress payment application. No monthly payment shall be construed as acceptance of the work, or any portion thereof, nor shall such payment preclude the City from demanding and recovering from the Contractor such damages as may be sustained by reason of the Contractor's failure to fully perform under the Contract. (b) Final Process Payment Upon satisfactory completion of the work described herein, the Contractor shall furnish the City with a complete and final accounting of all labor, materials, and other costs. The City shall pay the Contractor according to the payment terms set forth in Section 3(a). - D-1 - (c) Payment of the Retention Payment of the retention shall be made thirty-five (35) working days after the recordation of a Notice of Completion by the City or if a Notice of Completion is not recorded sixty-five (65) working days after acceptance of the completed project. The acceptance will be made only by an action of the City Council of the City. Acceptance of payment of the retention by the Contractor shall constitute a waiver of all claims against the City arising under this Contract. Section 4. Contract Documents The complete Contract includes the Contract Documents set forth herein, including: (1) Notice Inviting Sealed Proposal (Bids), (2) Information for Bidders, (3) Bid Form Proposal, (4) Contract, (5) Performance Bond, Labor and Material Bond, Proof of Insurance, Workers' Compensation Certificate, (6) the Special Provisions, (7) detailed Plans and Specifications, (8) Standard Specifications and Drawings, and (9) any addenda. Section 5. Compliance with Provisions of Law The Contractor shall comply with all applicable provisions of law whether Federal, State, or local relating to its performance under the Contract. Section 6. Costs and Attorney's Fees In any action or proceeding brought to enforce the provisions of this Contract, the court shall award reasonable costs and expenses, including reasonable attorney's fees, to the prevailing party. Section 7. Notices Any notice required or permitted hereunder shall be given by personal delivery or by first class mail, postage prepaid, To: Contractor 11 ohm en CA n pppk W Po 66 K aaag N a r10. CA aaa-9 To: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Section 8. Conflict with Plans and Specifications Any conflict between the plans and specifications and this Contract shall be brought to the attention of the City's Representative for resolution. Section 9. Assignment The Contractor shall not assign the Contract or the payments due under the Contract. - D-2 - Section 10. Paragraph Headings The paragraph headings herein are for the convenience of the parties and shall not affect the interpretation of the Contract. Section 11. Authority of the City's Representative The City's Representative shall decide all questions which may arise regarding the quality and/or acceptability of materials furnished, the manner and/or acceptance of the Contractor's performance, the rate of progress, and the interpretation of the plans and specifications. Article 2. WAGES, HOURS and WORKING CONDITIONS Section 12. General Prevailing and Livable Wages The Contractor agrees that it, or any subcontractor working under it, will not pay -less than the prevailing rates of wages to all workers employed in the execution of this Contract. The Contractor will post one copy of the established prevailing rates of wages at the job site. For each working day or portion thereof, and for each workman paid less than the stipulated prevailing rates for such work or craft in which the workman is employed or any work done hereunder by him, or by subcontractor under him, the Contractor shall forfeit as a penalty to the City the sum of $50.00. In addition employers shall pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Employers shall provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity and an additional ten days a year of uncompensated time for sick leave. There is hereby a prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court againstan employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the services contract of violating employers. Section 13. Hours of Work (a) The time of service of any worker employed on the Contract is limited to eight hours during a working day and forty hours during a calendar week. If memployee works in excess of the foregoing hours, the employee will be compensated at a rate of one and one-half times their basic rate of pay. (b) The Contractor shall keep and make available until ninety (90) working days after completion of this Contract Agreement an accurate record showing the name of and actual hours worked each working day and each calendar week by each worker employed by him on the work hereunder. (c) The Contractor shall, as a penalty, forfeit to the City $50.00 for each worker employed on the work by the Contractor or by any subcontractor for each working day during which such worker is required or permitted to work more than eight hours a.working day or forty hours in one calendar week. Section 14. Apprentices The Contractor is responsible for complying with the provisions of Labor Code Section 1777.5 dealing with the employment of apprentices on the job site. Section 15. Subcontractors (a) The Contractor shall comply with the provisions of the "Subletting and Subcontracting Fair Practices Act" contained in Public Contract Code Sections 4100, et sec D-3 (b) The Contractor shall submit to the City the following information: (1) The name and location of the place of business. of each subcontractor who will { perform work or labor or render services to the Contractor hereunder, or a subcontractor licensed by the State of California, who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the Contractor's total bid. (2) The portion of the work to be done by each subcontractor identified in Section 15(b)(I ). (c) The Contractor shall list only one subcontractor for each portion of work as defined by the Contractor in its bid. Section 16. Discrimination The Contractor shall not refuse to employ or promote any person, shall not discriminate against any person with respect to compensation received or terms and conditions of employment, and shall not discipline or discharge any person in its employment because of the person's race, religion, creed, color, age, national origin, ancestry. or sex. In addition, the Contractor shall not refuse to accept otherwise qualified employees as indentured apprentices solely on the grounds of race, religion, creed, color, national origin, ancestry or sex. Section 17. Safety The Contractor and all subcontractors shall comply with the provisions of the Safety and Health Regulations for Construction, promulgated by the U.S. Secretary. of Labor under Section 107 of the "Contract Work Hours and Safety Standards Act", as set forth in Title 29, C.F.R. and by the State of California, Division of Industrial Safety. Section 18. Character of Workers Only competent workers -shall be employed to work on the Contract. Any person employed, who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform his work properly and acceptably, shall be immediately removed from the work by the Contractor and shall not be re -hired to perform work on the contract. Article 3. INSURANCE, INDEMNIFICATION and BONDS Section 19. Insurance The Contractor shall provide the City with proof of insurance naming the City, its consultants and each of its directors, officers, agents, and employees as additional -named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in.the Insurance Schedule contained herein. Said coverage is not required for the active negligence of the City to the extent that indemnification for the City's active negligence would be invalid under Section 2782(b) of the California Civil Code. The proof of insurance shall also provide that said policy or policies are not to be canceled or materially reduced without giving the City at least30 days written notice. Section 20. Indemnification The Contractor shall indemnify, protect, defend, and hold harmless the City, its consultants and each of its directors, officers, agents, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorneys' fees and costs of defense arising, directly or indirectly, D 4 in whole or in part, out of the services performed under this Contract, except to the extent arising from or caused by the sole active negligence or willful misconduct of the City, its officers, agents, or employees. Section 21. Workers' Compensation The Contractor shall secure payment of compensation to Contractor's employees pursuant to Labor Code Section 3100, and shall obtain employers' liability insurance as set forth in the Insurance Schedule. Prior to commencing work hereunder, the Contractor shall submit to the City the Workers' Compensation Certificate or an executed certificate of workers' compensation insurance as provided herein. Such insurance shall include a waiver of subrogation endorsement naming the City, and its consultants, and each of its directors, officers, agents, and employees. Section 22. Labor and Material Bond The Contractor shall execute and deliver to the City for its approval and acceptance a Labor and Material Bond in an amount equal to the total amount payable under the terms of this.Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to pay its subcontractors for labor and material used in this project. Said bond shall be in substantially the same form as that attached hereto. The surety will be one that the City finds acceptable. Section 23. Performance Bond The Contractor shall execute and deliver to the city for its approval and acceptance a Performance Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to fully perform under this Contract. Said bond shall be in substantially the same form as that attached hereto. The surety will be one that the City finds acceptable. Article 4. PERFORMANCE Section 24. Time for Completion The work shall be completed in the number of working days specified in the Bid Form Proposal. Section 25. Force Ma6eure Neither Party shall be considered to be in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, sabotage, or embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. Section 26. Utility Relocation Section 26 is not applicable to this project. Section 27. Public Convenience (a) The Contractor's operation shall not unnecessarily cause any public inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work or an approved detour shall be provided. Safe, adequate, continuous and unobstructed pedestrian and vehicular access shall be maintained to fire hydrants, water valves, D 5 residences, commercial. and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, and hospitals, unless other arrangements are made satisfactory to owners thereof. (b) Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. (c) Grading operations, roadway excavation and embankment construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. (d) The Contractor shall comply with all applicable State, County and City requirements for the closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagmen and watchmen advising the public of detours and construction hazards. The Contractor shall also be responsible for compliance with additional public safety requirements that may arise during construction. The Contractor shall furnish and install and, upon completion of the work, promptly remove all signs and warning devices. (e) At least 48 hours in advance of closing or partial closing or of reopening any street, alley, or other public thoroughfare, the Contractor shall notify the police,.fire, public transportation (MTA), traffic and engineering departments of the City and any other jurisdictional agencies involved and shall comply with their requirements. Section 28. Excavations (a) Excavation Safety During the excavation of trenches five (5) feet or more in depth, the Contractor shall submit to the ( City, for its approval, a detailed plan showing the design of shoring, bracing, sloping, and other provisions to be made for worker protection from the hazard of caving ground. Said plan shall be at least as effective as that required by the Construction Safety Orders of the California Division of industrial Safety. If the Contractor's plan varies from the shoring system standards established by said Safety Orders, the plan shall be prepared by a registered civil or structural engineer. (b) Closure At the close of each working day, the Contractor shall cover completely all open excavations in the public right-of-way with steel plates in accordance with normal practice in the industry and the rules, regulations, laws and ordinances of the State of California, the County of Los Angeles, and the City of Vernon, and the Special Provisions -Temporary Cold Mix Asphalt Concrete. Section 29. Extra Work_ (a) The City may require changes in, additions to, or deductions from the work to be performed or to the materials to be furnished hereunder. No extra work shall be performed or change or addition made without a written order from the City. The written order shall state That the extra work, change or addition is authorized by the City, identify the work that is to be done and method to be used to accomplish the work, and set forth the basis upon which payment is to be made. Nothing in this article shall excuse the Contractor from proceeding with the prosecution of the work so changed. The Contractor shall, when required by the City, furnish an itemized breakdown of the quantities and prices used in computing the amount of any change or addition that might be ordered. The adjustment, if any, in the amount to be paid to the Contractor by reason of any such change, addition or deduction shall be determined by one of the following methods: (1) A lump sum proposal from the Contractor: - D-6 - (2) By applying the unit prices contained in the Contractor's bid incorporated in the Contract documents or fixed by agreement between the City and the Contractor. (3) By proceeding with the work and furnishing daily reports of extra work by the close of the next working day. Failure to submit the daily report in a timely manner may waive the Contractor's right to compensation for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the City's Engineer or his designee. The daily report shall itemize the costs for labor, materials, and equipment rental. Reported labor costs shall include the names and classifications of the workers, the hours worked, and the rates of pay. Reported equipment costs shall include the type of equipment used, the identification number, the hours of operation, and hourly rate. All records and reports shall be made immediately available to the City's Representative. (b) Mares This section shall modify and replace "Section 3-12.3, Markup" of the Standard Specifications for Public Works Construction. (1) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: a) Labor ......................20% b) Materials ......................15% c) Equipment Rental .....................15% d) Other Items and Expenditures ............15% To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding. (2) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in (1) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted.portion of the extra work maybe added by the contractor. Section 30. Clean Up Upon completion of the work, the Contractor shall remove all debris and surplus materials from the work site. Section 31. Materials (a) New Materials and Equipment Unless otherwise specified, shown, or permitted by the City all material and equipment incorporated in the work shall be new and of current manufacture. The City may request that the Contractor furnish manufacturer's certificates indicating the quality of the material. No material shall be installed until approved by the City's Representative. (b) Inspection of Materials All material furnished hereunder shall be subject to inspection and testing by the City's authorized agents at the City's expense. In the event that such inspection and testing reveals material that does not comply with the Contract documents, the Contractor shall bear the cost of necessary corrective measures as well as the cost of subsequent inspection and testing. - D-7 - (c) Defective Equipment or Materials The inspection under Section 31(b) shall not relieve the Contractor of any of its obligations under the Contract. Even though equipment or material required to be provided has been inspected, accepted, and included in a monthly pay application, the Contractor shall, at Contractor's expense, replace or repair any such equipment or material found to be defective or otherwise non -compliant with the Contract documents up through the guarantee period in Section 42. (d) Storage of Materials All material for use in the work shall be stored by the Contractor in such a manner as to prevent damage from exposure to the elements, from admixture of foreign materials or from any other cause. The Contractor shall be solely responsible for damage or loss of materials caused by exposure, weather or other causes. Section 32. Permits and Licenses (a) The Contractor shall apply for and procure all permits and licenses necessary for the work except: Encroachment Permits from City of Vernon. (b) The Contractor shall provide all notices necessary and incidental to the lawful prosecution of the work and shall comply with the terms and conditions of all permits and licenses. (c) The Contractor shall pay all charges and fees in connection with all permits and licenses except those required by the following: Encroachment Permits from City of Vernon. Section 33. Land and Rights of Way (a) The City shall provide, or arrange for the provision of, the land and rights of way upon which the work is to be constructed. (b) The Contractor shall procure any additional rights of way desired by the Contractor to facilitate construction of the work. The Contractor shall enter into written agreements with property owners for such purposes and shall provide the City with copies of such agreements. (c) Except as provided in Section 26, when the work described in the Contract Documents is to be performed in the vicinity of existing improvements, said improvements shall not be disturbed or damaged. However, the Contractor may remove or relocate improvements in the land and rights of way provided by the City pursuant to Section 33(a). Section 34. Plans and Drawings (a) The approved plans may be supplemented by working drawings as are necessary to monitor the work. All drawings shall be consistent with the Contract Documents. All such drawings delivered to the Contractor shall be deemed written instructions to the Contractor. (b) The City will furnish the Contractor with copies of all drawings and specifications reasonably necessary for the execution of the work, at no charge. The Contractor shall keep one set of drawings and specifications in good order at the job site and make them available to the City's IW Representative and to the Contractor's Representatives. (c) The drawings and/or plans will show conditions as the City believes them to exist; but it is .not intended or to be inferred that the conditions as shown thereon constitute a representation by the City that such conditions are existent. The City shall not be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the drawings and/or plans and the actual conditions revealed during the progress of the work, or otherwise. Section 35. Shop Drawings Submitted by the Contractor Section 35 is not applicable to this project. Section 36. Supervision by the Contractor The Contractor shall have a designated representative or alternative representative present at the worksite whenever work is in progress. The Contractor's designated representative or alternate representative shall have authority to act for the Contractor. Before starting the work, the Contractor shall inform the City, in writing, of the name of its designated representative. An alternate representative may also be designated. Any communication between the City and the Contractor's Representative shall be deemed as a communication to the Contractor. If the Contractor fails to have a designated representative present at the worksite, the City's Representative may give necessary direction or instruction to the superintendent or foreman having charge of the specific work to which the direction or instruction applies. The superintendent or foreman shall comply with the direction or instruction promptly and shall relay the City's communication to the Contractor or its designated representative. Section 37. Inspection of Work (a) The City shall have access to the worksite at all times to review and/or inspect the progress of the work, the workmanship and the material being used. (b) Whenever the Contractor changes its hours of operation, notice shall be approved by the City's Representative one week prior to institution of the change. Any work done in the absence of the City's Representative maybe subject to rejection, at the City's discretion. (c) All excavations that are to be backfilled shall be inspected and approved by the City's Representative prior to backfilling. The Contractor shall give the City's Representative advanced notice of the backfilling. (d) Inspection of the work by the City's Representative shall not relieve the Contractor of the obligation to fulfill the Contract. Defective work shall be corrected, notwithstanding the fact that the City's Representative may have previously accepted the defective work. Section 38. Correction of Defective and/or Unauthorized Work (a) All work that has been rejected shall be corrected, or removed and replaced by the Contractor, at the City's direction. Any remedial work will be done in a manner acceptable to the City. The Contractor shall pay the remediation and/or removal and replacement costs. The Contractor must obtain written authorization to perform extra or unauthorized work prior to undertaking such work. The Contractor will not be compensated for any unauthorized work. In addition, the City may order the Contractor to remove, at the Contractor's expense, any extra or unauthorized work. (b) The Contractor must comply promptly with any order made by the City under the provisions i of this article. If the Contractor fails to comply with the City's orders, the City may in its discretion cause defective work to be corrected by its own forces or by another contractor. The amount that the City paid to correct the defective work will be deducted from any monies due or to become due to the Contractor. - D-9 - Section 39. Errors or Discrepancies Noted by the Contractor (a) If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between the contract, especially the plans, and specifications, or between any of them and the physical conditions at the worksite, or finds any error or omission in any of the plans, and specifications, or in any survey, the Contractor shall promptly notify the City in writing of such discrepancy, error, or omission. If the Contractor observes that any plans, specifications, or drawings are at variance with any applicable law, ordinance, regulation, order or decree, Contractor shall promptly notify the City in writing of such deviation or conflict. (b) The City, upon receipt of such notice, shall promptly investigate the circumstances and give appropriate instruction to the Contractor consistent with Section 29. Until such instruction is given by the City Engineer, any work done by the Contractor, either directly or indirectly after its discovery of such error, discrepancy, omission, deviation or conflict, will be at the Contractor's own risk. The Contractor shall bear all costs arising from any work that incorporates such error, discrepancy, omission, deviation or conflict. Section 40. Equipment The Contractor shall furnish equipment and facilities to perform the work to the industry standard in accordance with the plans and specifications. Such equipment and facilities must be in a good state of repair, be maintained in such state during the progress of the work, and shall meet all requirements of applicable ordinances and laws. No worn or obsolete equipment shall be used, and in no case shall the manufacturer's rating of capacity for any equipment be exceeded. Article 5. MISCELLANEOUS Section 41. Damages for Delay (a) The Contractor acknowledges the City's desire that the project be completed on or before the date specified in the Contract. The Contractor also acknowledges that if its work is not completed on or before said date, the City will incur substantial damages that cannot be ascertained at this time. Accordingly, the Contractor shall pay to the City any and all damages caused by the Contractor's delay in completing the work under the Contract. (b) If the work is not completed in accordance with the foregoing, it is mutually agreed that the City will suffer damage, that it will be impractical and unfeasible to determine the amount of actual damage. Therefore, the Contractor will pay the City, as fixed and liquidated damages and not as a penalty, the sum of $1,500.00, for each and every working day of delay, and that the Contractor and its Surety will be liable for the amount thereof. The Contractor, however, will not be charged liquidated damages because of any delays in the completion of the work due to Force Majeure or acts of the City, acts of another Contractor in the performance of a Contract with the City, and without the fault or negligence of the Contractor. (c) The Contractor shall within ten (10) days from the beginning of any such delay (unless the City grants a further period of time prior to the date of final settlement of the Contract) notify the City in writing of the cause of delay. Upon notification of a delay, the City shall ascertain the facts and extent of the delay and extend the time for completing the work if in its sole discretion its findings justify such an . extension. The City's findings shall be final and conclusive on the parties hereto. (d) The City shall have the right to extend the time for completion if it determines such extension to be in the City's best interest. If the City extends the time limit for completing the work by way of a change order at the request of the Contractor, and for other than Force Majeure, it is understood and agreed that such time extension will increase the City's expenses. These expenses include, but are not limited to, the costs associated with engineering, inspection, supervision, incidental and overhead expenses that are directly chargeable to the Contract and that accrue during the period of extension. Therefore, the Contractor acknowledges that the City shall be reimbursed for its expenses before the final payment of the ten percent (10%) retention is made. - D-10 - Section 42. Guarantee' The Contractor guarantees all work against defective workmanship, and the materials furnished, for a period of one year from the date the City accepts the work in accordance with Section 3(c). The Contractor . shall repair and replace any and all such defective work, together with any other work which may be displaced in so doing, at no cost to the City. The Contractor is not responsible for the repair or replacement of material damaged through ordinary wear and tear, usual abuse, or neglect. The City may proceed to repair or replace defective work and/or material if the Contractor fails to do so within a week after Contractor's receipt of written notice from the City. The Contractor agrees to pay the costs and charges the City incurs in repairing and replacing defective work and/or material upon demand. Section 43. Risk of Loss Prior to Final Acceptance Except as set forth heremabove relating to Force Majeure, all risk of loss resulting from total or partial destruction of the work, or.any part thereof, or any damage thereto, prior to final acceptance of the work by City, shall be bome by the Contractor regardless of the cause. The Contractor, at its sole cost, shall repair or replace such damaged or destroyed work to its prior undamaged condition before being entitled to additional progress payments, the final progress payment or payment of the retention. Such total or partial destruction or damage shall not excuse the Contractor from completion of the work in accordance with the provisions of this Contract. Section 44. Termination (a) Termination (Contractor's Default) (1) The Contractor will be in default if it does any of the following: (a) declares bankruptcy, becomes insolvent; -or assigns its assets for the benefit of its creditors; (b) disregards or violates a material provision of the Contract or the City's instructions; (c) fails to prosecute the work according to the approved construction schedule; (d) fails to provide a qualified superintendent, representative, competent workers, or subcontractors; and/or (e) fails to provide materials or equipment that meets the requirements of the plans, specifications, and, drawings. The City, will notify the Contractor in writing of such default. Upon receipt of written notice of default, the Contractor shall, at Contractor's expense, preserve at the project site, all construction materials and equipment, and shall undertake immediate steps to remedy such default. (2) If the Contractor fails to remedy such default within ten (10) working days after receipt of written notice of default, the City may, at its option, terminate the right to proceed with the work to which default has occurred or may terminate the Contract. Written notice will be provided to the Contractor, but not to the Contractor's sureties. Upon receipt of such written notice, the Contractor shall at its expense and for the work affected by any such termination: (i) assist the City in making an inventory of all material and equipment located at the; site, enroute to the site, in storage or manufacture away from the site, and/or on order from suppliers; assign subcontracts, material and equipment supplier contracts, and equipment rental agreements to the City, as designated by the City; and remove from the site all construction material and equipment listed in said in other than the material and equipment which are to be used by the City in completing the Contract. (3) The City shall have the right to complete the work to which the termination applies. The Contractor agrees that the City shall have the right, for such purpose and for as long as necessary, to designate in writing, take possession of and use any or all of the material, plant, tools, equipment, supplies and property furnished by the Contractor. - D-11 - (4) The cost of completing such work, together with reasonable costs for administering any contract for completion, will be charged to the Contractor. The City will deduct these costs from the sum due or the sum that may become due to the Contractor. If these costs exceed the sum which would have been payable under the Contract, then the Contractor and/or its sureties shall be liable for and, upon written notice from the City, shall promptly pay the excess amount to the City. The City shall not be required to retain the bidder with the lowest estimate for completion of the work. The City may make any expenditure that, in its sole judgment, best accomplish the completion of the project. If such costs are less than the balance that would have been due, the Contractor shall have no claim. to the difference. The City may, however, decide to reimburse the Contractor or the Contractor's sureties for costs incurred for materials, tools, equipment, property, and labor which were used in performing the work and of which the City shall have received the benefit. In computing the costs, as it relates to equipment owned by the Contractor, the salvage value at completion of the work shall be deducted from the depreciated value at the time the Contract was terminated. (b) Optional Termination of Contract by City (Contractor Not at Fault) City may terminate the Contract upon ten (10) days written notice to the Contractor, if it is found that reasons beyond the control of either the City or the Contractor make it impossible or against the City's interests to complete the work. In such a case, the Contractor shall have no claims against the City except for (1) the cost of the work performed up to the date the Contract is terminated, and (2) for the cost of materials and equipment at the site, in transit, or on definite commitment, as of the date the Contract is terminated, provided that such materials and equipment would be needed in the work and meet the requirements of the specifications. The cost of the work performed and the cost of materials and equipment, as mentioned above, shall be determined by the City in accordance with the procedure prescribed for making of a final progress payment as described in Section 3. Section 45. Standard Specifications The "Standard Specifications for Public Works Construction" (SSPWC) 2009 Edition, 2010 and 2011 Cumulative Supplement, published by Building News, Inc. is hereby incorporated by this reference and made a part hereof as though fully set forth at length. In the event, however, that said Standard Specifications are inconsistent with the terms of this Contract, including the Special Provisions attached hereto, and then this Contract and the Special Provisions shall be deemed controlling. - D-12 - IN WITNESS WHEREOF the parties hereto have executed this Contract or caused it to be executed as of the day, month and year first above written. al AS TO Deputy City CITY OF VERNON C By" � ,. Mayor CONTRACTOR Name f 2GYi l )1 Glq \ p U Signature Title Name n chae 1 fi r Vas Signature Title seu&aq NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is a corporation, two signatures are required; as follows:. (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the bidder is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the bidder is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. - D-13 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On June 18 2012 before me, Donna Thome, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley and Michael Farkas Name(a) of Signer(s) f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisRaer/their authorized capacity(ies), and that by hisNietAheir GONNA THORNE signature(s) on the instrument the person(s), or the entity upon behalf Commission # 1892010 2 of which the person(s) acted, executed the instrument. a ; .,; - Notary Public - California Z ' J i Riverside Ccunty I certify under PENALTY OF PERJURY under the laws of the State of M Comm. Ex Tres Jun 7, 2014 California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature ky ry k-4— y�yt_y7j�ty.� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract Document Date: 6/18/2012 Number of Pages: Thirteen (13) Signer(s) Other Than Named Above: City of Vernon Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley and Michael Farkas ❑ Individual ceCorporate Officer —Title(s): V.P. and Secretary ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact r ❑ Trustee ❑ Other: Signer is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): _ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Top of thumb here COM UNIT ' BANK Partnef:ship Banking" June 11, 2012 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn.: Samuel Wilson ECEIV r JUN 1 � 2012 Commun4 Serwem PROJECT: Citywide Rubberized Emulsion -Aggregate Slurry Seal Phase I CONTRACTOR: All American Asphalt ESCROW: #1983 An Escrow has been opened for the above referenced project. Please find enclosed herewith three copies of the Escrow Agreement executed on behalf of All American Asphalt and Community Bank. Please sign all three escrow agreements where indicated and return one fully executed agreement to Community Bank at the address below, one agreement to the Contractor and retain one copy for your records. Kindly arrange with your finance department to have all retention. deposits and release requests sent to the following address: Community Bank 505 E. Colorado Blvd. Pasadena, CA 91101 Attn.: Leslie Buhl — Escrow #1983 If you should have any questions please do not hesitate to contact me at 626-568-2232. dic rely, she.Buhl e esident ESCROW NO.: 1983 ACCOUNT NO.: 14-910880 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (hereinafter called the "Agreement") is made and entered into on this llth day of June, 2012, by and between City of Vernon, whose address is 4305 Santa Fe Ave., Vernon, CA 90058 (hereinafter called "Owner"), All American Asphalt, whose address is P.O. Box 2229, Corona, CA 92878 (hereinafter called "Contractor"), and Community Bank, a California banking corporation, whose address is 505 E. Colorado Boulevard, Pasadena, California 91101 (hereinafter called 'Escrow Agent"). WHEREAS, the parties desire to establish an escrow account with Escrow Agent (the 'Escrow Account") pursuant to the provisions of Section 22300 of the California Public Contract Code. NOW, THEREFORE, for the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by the Owner pursuant to the Construction Contract entered into between the Owner and the Contractor, for Citywide Rubberized Emulsion -Aggregate Slurry (REAS) Seal Phase I (CS- 0052) in the amount of $611,000.00 (hereinafter referred to as the "Contract'). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and the Contractor. Securities shall be held in the name of City of Vernon, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of the retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this Agreement is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, the Contractor and the Escrow Agent. CDCR-Agrmnt 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by the Contractor at any time and from time to time without notice to the Owner. 6. The Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to the Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that the Owner consents to the withdrawal of the amount sought to be withdrawn by the Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to the Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections 5 to 8, inclusive, of this Agreement and the Owner and the Contractor shall hold the Escrow Agent harmless from the Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of the Owner: City of Vernon Name: William Davis Title: mayor Pro-Tem Signature: Address: 4305 Santa Fe Avenue Vernon, CA 90058 CnCR-Agnnnt On behalf of the Contractor: All American Asphalt Name: Marls Luer Title: President Signature: Address: P.O. Box 2229 Corona_ CA 92R7R On behalf of the Escrow Agent: COMMUNITY BANK Name: Leslie K. Buhl Title: Vice P Wasad'ena, Ca 91101 (626)568-2232 At the time the escrow account is opened, the Owner and the Contractor shall deliver to the Escrow Agent a fully executed original of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. ,A]�dli,lm City of Vernon Title: Mayor Pro—Tem Name: illiam Davis Signat/u/re ATTbYST: G. CKR-Agrnmt CONTRACTOR: All American Asphalt Title: President Name: kark Luer Signatur. . P ROBED S 0 FO Ze llard Yam guc , Chief Deputy C't gut y E. BOND FORMS AND INSURANCE REQUIREMENTS Contractor shall provide the City with a Workers' Compensation Certificate in a form substantially similar to that shown herein. Both the Performance Bond and the Labor and Material Bond shall be provided on the forms enclosed herewith. A Sample Letter of Credit is also enclosed as a guide for a bidder's security. Insurance coverage shall be provided in the types and amounts shown on the Insurance Schedule. A copy of the policy or a notarized letter from the insurance underwriter or carrier verifying the coverage must be provided to the City in order to demonstrate proof of insurance. - E-1 - WORKERS' COMPENSATION CERTIFICATE The undersigned acknowledges that Section 3700 of the California Labor Code requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Labor Code. The undersigned agrees to comply with such provisions before commencing the performance of this Contract. CONTRACTOR Name Signatui Title Name Signatw Title secre- ann J NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the Contractor is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the Contractor is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. Workers' Compensation Certificate - I E_2 Bond No: 76330190 Premium: $2.413.00 Premium is for contract term and is subject to adjustment based on final contract price Executed in 3 Counterparts PERFORMANCE, )JOND KNOWALL MEN BY THESE PRESENTS: That WHEREAS, Olt City Council of the CITY OF VERNON. a municipal corporation, by action on the day of 2012, has awarded toAA l American Asphalt hereinafter designated as the "Pribeipal", Contract'No, CS-0052 for Ci ide Jtu�mulsio -A err 19AWiXiI.WbAlAWLY&MI in Los Angeles County, California; and WHEREAS, said Principal is "uired under the terms ofsaid Contract to firmish-a bond for the faithful performance of said Contract; NOW, THEREFOILE, We, the principal and Fidelity and Deposit Company of Maryland � Surety, are held firmly bound unto the CfTY OF VERNON hereinaflarcaLied the "Obligee," :in dtc penal sum of Six Hundred Eleven Thousand & 00/100 DOLLARS {$(i11,000.00 lawful money ofthe united States of Anterica, f al the a p ymwt'trf which sum well and truly to be made, the bind ourselves; our hens, executors, administrators and successors, jointly and severally and firmly by these presents. THE CONDITION OF THIS 013LIGxriON IS StIal that if the above bounden Principal, his heirs, executors, adrministrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants„ conditions, and agreements in said Contract, and any alteration thereof made as therein provided, on his part to be kept and performed at the time and in the manner therein specified, and to all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers and agent$, as therein stipulated, this obligation shall become null turd void; otherwise it shall be and remain in full, force and virtue. And the said Surety, for valucreceived, booby stipulates and agrees that no change, extension of Limo, alteration, oradditionto the terms of he Contract, or bo tbu work to be performed thereunder, or the specifications accompanying the some, shall in any way affect itx obligation on this bond, and it does thereby wive notice of hnl! such change, extension of time, altetation or addition to the w ma of the Contract, or to the work or to the specifications, qnd said Surety agrees that in ease snit is brought on this bond, Surety will pay City's reasonable attorneys fees to be fixed by the court. Performance bond - l IN WITNESS WHRRP.O , three (2) identical eounterpWs of this.instn,ment, each of which shall for all purposes be deemed an Original hereof, have been dulytxecutcd by tha Principal mid Surety above maned, on the 8th __ day of June 2o12,. Name All American Asphalt (Atmch Acknowledgment) By Name F By 10 Chief Deputy C Haas -Bates Performance Band - 2 nW� _ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 6/18/2012 before me, Donna Thome, Notary Public Data Here Insert name and Title of the Officer personally appeared Robert Bradley Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/4er4he* authorized capacity(ies), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf DONNA THORNE of which the person(s) acted, executed the instrument. Commission # 1892010 i . n� Notary Public -California > I certify under PENALTY OF PERJURY under the laws of the State of Riverside County California that the forgoing paragraph is true and correct. M Comm. Ex Tres Jun 7, 2014 WITNESS my (h�annd and official seal. N Signature 7/ r�✓L�{iyC,Q� Place Notary Seat Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond #7630190 Document Date: 6/08/2012 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(&) Signer's Name: Robert Bradley Signer's Name: ❑ Individual ❑ Individual X Corporate Officer —Title(s): Vice -President ❑ Corporate Officer —Title(s): to Partner— ❑ Limited to General ❑ Partner— o Limited o General o Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of numb here Top of numb here ❑ Trustee ❑ Other: ❑ Other: Signer is Representing: I I Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of Orange J} On 6/0812012 before me, A. Wilkison, Notary Public Dale Here Insert Name and Tills of Iha Mcer personally appeared Rebecca Haas -Bates A. WILKISON Commission # 1866283 Z •`r?w, Notary Public - California Zz D Orange County My Comm. Expires Sep 26. 2013' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that Ke/she/INey executed the same in+tis/her/their authorized capacity(ies), and that by lells/herAheif signature(s} on the instrument the persorift or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /iyaeagr� Signature s/�Xz( Place Notary Seel Above $IBaaWra o� Notary OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond No. 7630190 Document Date: 6/08/2012 Number of Pages: Two (2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Slgner(s) Signet's Name: ❑ Individual Rebecca Haas -Bates ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General 0 Attorney in Fact u Trustee Guardian or Conservator Other: Signer Is Representing: Fidelity and Deposit Company of Maryland HIGH IWMARE PWNT SIGNER 11 Signer's Name: Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee CI Guardian or Conservator ❑ Other: Signer Is Representing: HIGHTTHU1d0PnINT OF SIGNER 0 riry�v ✓(\fY a/U MC \Y5\`i� ✓('.vh d�Y' vn-'i�•vi<✓ n+/S'dC�/ �<'sAR . "�S'.v00,N-<000, L'd(v Y<'t✓ Premium included in Performance Bond'" Bond No. 7630190 Executed in: 3 Counterparts LABOR AND MATERIAL BOND KNOW ALL MENBY THESE PRESENTS: That WHEREAS, the City Council of the City of Vernon; a municipal corporation, by action an the — — day of _ _ _ 2012, has awarded to All American Asphalt ; hereinafter designated as the "Principal," Contract No. CS•0052 for Citywide uhberiaed'EnuiWon•Agommitte Slurry (REAS):Sn Phase I .in Los Angeles County, California; and WHEREAS said Principal isrequired to fi nishabond`in cdartection with said Contract providing that if said Principal or any of his subcontractors shall fail to pay for any materials,provisions,provender, or Other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for anywork or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act, the Surety on this bond wall pay the same to the extent hereinafterset'forih. NOW, THLREFORE, we, the Principal and Fidelity and Deposit Company of Maryland _, as Surety, are held and firmly bound unto the CITY OF VERNON in the,perial sum of — Six Hundred Eleven Thousand & 00/100 DOLLARS (1 611,000.00 __), lawful money of the United Suites of America, for the payment of which sum well and truly to be made, we bind ourselves, our Heirs, executors, administrators, and successors jointly and severally, firmly by these presents. THE CONDITION OF TRIS OBLIGATION 1S SUCH that if said Principal, his subcontractors, hairs, executors, administrators, sueeessors, or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in; upon for or about the performance of the work contracted to be done; or for work or labor thereon of any kind, or roil to pay any of the persons named in Cuhlbrina Civil Code Section 3181. or antotnits due under the Uri mploymcna Insurance Code with respect to work or labor performed by any such claimant, or for any amounts requited to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees'of the Contrudior and his subcontractors pursuant to Section 19663 ofthe Revenue and Taxation Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations ofits,agencies, then said Surety wilI pay the same in or to an amount not exceeding the amount heromabove set forth, and also will pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall, be fixed by the court, Pursuant, to Section 318I of the California Civil Code. This bond shall inureto the benefit of any of the persons named in Section 3 t81 of the California Civil Code, so as to give a right of action to theist or their assigns many suit brought upon this bond, and the said Surety, for value received, horeby stipulates and agrees that no Orange, extension of time, alteration, or addition to the terms of the Contxact, or the workto be performod thereunder, or tho specifications accompanying the sa m shall in any way affect its obligation on thisbond, and itdo" hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work or to the specifications. Labor and Material Bond - l - E.5 - M WlTNOS Wii+C"OF, three,(3) identical counterparts ofth s instrurnent each of which shall for Helms purpon the oses be gth deemed " original thereof, havasbeen du 2P ecuted by the Principal and Surety above dayof June Nanti (Attach Acknowledgment) B 9 Name By 'lay chfe lz:�e tT n n Rebecca Haas -Bates APP VEp AS TO FORM: V4ti d Yaana iai, Chief Deputy City tt ney Labor and Material bond - 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Riverside On 6/18/2012 before me, Donna Thorne, Notary Public Date Here Insert name and Title of the Officer personally appeared Robert Bradley Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/afe subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/her/their authorized capacity(ies), and that by his/heF444& signature(s) on the instrument the person(e), or the entity upon behalf DONNA THORNE of which the person(&) acted, executed the instrument. �� Commission # 1892010 i =a: Notary Public - California > I certify under PENALTY OF PERJURY under the laws of the State of z ' • Riverside County California that the forgoing paragraph is true and correct. 4 Comm. Ex Ire& Jun 7, 2014+ WITNESS my hand and official seal. Signature B-& � �L-Q Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Labor and Material Payment Bond No. 7630190 Document Date: 6/08/2012 Number of Pages: Two (2) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(ies) Claimed by Signer(s) Signer's Name: Robert Bradley Signer's Name: D Individual ❑ Individual XCorporate Officer —Title(s): Vice -President ❑ Corporate Officer —Title(s): ❑ Partner— D Limited D General ❑ Partner— D Limited D General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here • Other: ❑ Other: Signer is Representing: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of Orange Jy On 6/08/2012 before me, A. Wllkison, Notary Public Data Here Ineen Name and Title of the Officer personally appeared Rebecca Haas -Bates A. WILKISON _ Commisslon # 1866283 a =� Notary Public - California z z :w - a: -'.� Orange County il My Comm. Expires Sep 26, 2013 who proved to me on the basis of satisfactory evidence to be the person(ts) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/sheAkey executed the same in i-ds/her/their authorized capacity(ies), and that by his/herAheir signature(4 on the instrument the person(*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r Place Notary Seal Above Signature ev,atme of Notary P Ilc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Labor and Material Payment Bond No. 7630190 Document Date: 6/08/2012 Number of Pages: Two (2) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Rebecca Haas -Bates ❑ Corporate Officer —Title(s): — ❑ Partner —❑ Limited ❑ General E] Attorney in Fact CI Trustee G Guardian or Conservator El Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Top of thumb here Signer's Name: • Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HIGHTOAAADMIFIT OF5IGNLH EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute. on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this Sth day of June , 2012 4&) Assistant Secretary INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide proof of insurance, including but not limited to, a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Bodily Iniury Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Emplovers'Liability $1,000,000 Der employe II. Liabilitv General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (If Applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by the City. b. In addition to the above, the Contractor shall provide such further proof of insurance documentation as the City deems necessary. DOCUMENTATION REQUIRED • Certificate of Insurance from contractor's insurance agent; • Copy of insurance policy Declaration Page for General and Umbrella Liability; • Actual copies of any Endorsement; • Additional Insured Endorsement naming City as Additional Insured, Form CG 2010-1185 required; • Contractor's insurance package to include Endorsement appropriate to the project being undertaken on the City's behalf; • Copy of Schedule of Forms and Endorsements - E-7 - ACCIRCIFCERTIFICATE OF LIABILITY INSURANCE °06/08/2°012» THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 1EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ,MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER LIC #01329370 1-925-244-7700 Edgewood Partners Insurance Centers (EPIC) [Orange Branch] P.O. Box 5003 CONTACT Certificate Department NAME: ,AIPHONE (925) 249-7700 FAX AIC No: (925) 901-0671 EMAIL EPICcerte®E ADDRESS: dgewcodlns.coas INSURERS AFFORDING COVERAGE NAIC,Y San Reason, CA 94583 INSURER A: ARCH SPECIALTY INS CO 21199 INSURED All American Asphalt INSURER B: HARTFORD FIRE IN CO 19682 INSURER C: NATIONAL UNION FIRE INS CO OF PITTS 19445 P.O. Box 2229 INSURER D: SEABRIGHT INS CO 15563 INSURER E: Corona, CA 92878-2229 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE A D UBR POLICY NUMBER POLICY EFF MM/DDflYXYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY rXI OPPOO2265803 08/01/1 08/01/13 EACH OCCURRENCE $ 1,000,000 A AGE T ENTED PREMISES Ea occurrence E 100, 000 MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL S ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2, GOO, 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY M PRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 $ ' AUTOMOBILE LIABILITY ANY AUTO 72UENGK5491 SINGLE LIMIT Ea as accident) 1,000,000 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS Ix BODILY INJURY (Per accident) $ HIREDAUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Peraccident $ $ C UMBRELLA LIAR X OCCUR BE21422933 08/01/1 08/01/12 EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 101000,000 EXCESS LIAR CLAIMS -MADE DED IX I RETENTION$ 10, 000 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED! N/A eH1110243 08/01/1 OB/Ol/12 WCSTATU- OTH- XI ER E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: All Operations preformed by the named insured / [1] Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Vernon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. +a05 Santa Fe Ave AUTHORIZED REPRESENTATIVE�I��'� ////�� Vernon, CA 90058 USA © 1988-2010 ACORD CORPORATION- All rights reswrvnd_ ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD XQuinn-ORG 97RQ71 91 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF -INSURED RETENTION COVERAGE FORM SECTION II — WHO IS INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with you to be named as an additional insured, but only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your subcontractors: A. In the performance of your ongoing operations or "your work", including "your work" that has been completed; or B. In connection with premises owned by or rented to you. As used in this endorsement, the words "you" and "your" refer to the Named Insured. All other terms and conditions of this Policy remain unchanged. Schedule City of Vernon Project RE: All Operations preformed by the named insured / Endorsement Number: This endorsement Is effective on the inception date of this policy unless otherwise staled herein (The information below is required only when (his endorsement is issued subsequent to the preparation of the policy.) Policy Number: GPP002265803 Named Insured: All American Asphalt Endorsement Effective Dale: 8/111t 00 CGL0006 00 05 07 2812 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE — BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF -INSURED RETENTION COVERAGE FORM Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condition 4. Other Insurance: Where the Named Insured is required by a written contract to provide insurance that is primary and non-contributory, and the written contract so requiring is executed by the Named Insured before any "occurrence" or offense, this insurance will be primary, but only if and to the extent required by that written contract. All other terms and conditions of this Policy remain unchanged. Schedule City of Vernon Endorsement Number: Project RE: All Operations preformed by the named insured / This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: GPP002265803 Named Insured: All American Asphalt Endorsement Effective Date: 8/1/11 00 CGLO130 00 09 06 Page 1 of 2812 Arch Insurance Groupf ARCH SPECIALTY INSURANCE COMPANY (A Nebraska Corporation) Home Office Address: 10306 Regency Parkway Drive, Omaha, NE 68113 Administrative Address: One Liberty Plaza, 53rd Floor New York, NY 10006 Tel: (800) 817-3252 COMMERCIAL GENERAL LIABILITY SELF -INSURED RETENTION POLICY Policy No.: GPP0022658-03 DECLARATIONS Renewal of: GPP0022658-02 Effective Date: August 01, 2011 Expiration Date: August 01, 2013 At 12:01 am standard time at the mailing address of the Named Insured shown below. Item 1. Named Insured and Producer Named Insured: All American Asphalt et al Mailing Address: 1776 All American Way PO Box 2229 CORONA, CA 92879 Producer: Pacific Wholesale Brokers, LLC Mailing Address: 3500 West Olive Avenue Suite 1490 Burbank, CA 91505 Surplus Line Producer: Pacific Wholesale Brokers, LLC Mailing Address: 3500 West Olive Avenue Suite 1490 Burbank, CA 91505 Surplus Lines License Number: OE16974 Item 2. Named Insured Classified as ❑ Individual ❑ Partnership ❑X Corporation ❑ Joint Venture ❑ LLC ❑ LLP ❑ Other 06 CGL0002 00 03 07 Page 1 of 2 Item 3. Limits of Insurance Each Occurrence Limit Personal and Advertising Injury Limit Damage to Premises Rented to You Limit General Aggregate Limit (Other than Products— Completed Operations) Products — Completed Operations Aggregate Limit Item 4. Self -Insured Retention Item 5. Policy Premium: Deposit Premium: Minimum Retained Audit Premium: Minimum Retained Premium: $1,000,000 $1,000,000 Any one person or organization $100,000 Any one premises $2,000,000 $2,000,000 $100,000 Each Occurrence or Offense ❑ A flat charge per each policy period ❑X Adjustable, per the Premium Computation Endorsement Not subject to adjustment in the event of cancellation by you. Item 6. Forms & Endorsements attached: See Schedule of Forms and Endorsements Form 00 ML0012 00 01 03 IN CONSIDERATION OF THE PAYMENT OF PREMIUM AND IN RELIANCE UPON STATEMENTS MADE IN THE APPLICATION, THIS POLICY INCLUDING ALL ENDORSEMENTS ISSUED HEREIN SHALL CONSTITUTE THE CONTRACT BETWEEN THE COMPANY AND THE NAMED INSURED. Arch Specialty Insurance Company is licensed in the state of Nebraska only. Arch Specialty Insurance Company is not licensed in The state of New York and is not subject to its supervision. 06 CGL0002 00 03 07 Page 2 of 2 CHARTIS EXCESS LIABILITY DECLARATIONS NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. A CAPITAL STOCK COMPANY HOME OFFICE: 2595 INTERSTATE DRIVE, SUITE 103, HARRISBURG, PA 17110 ADMINISTRATIVEJMAILING ADDRESS: 175 WATER STREET, NEW YORK, NY 10038 POLICY NUMBER: BE 21422933 RENEWAL OF: 7521507 PRODUCER NAME: WHOLESALE TRADING CO-OP INS SERVICES LLC ADDRESS: 135 MAIN STREET, SUITE 1130 SAN FRANCISCO, CA 94105 ITEM 1. NAMED INSURED: ALL AMERICAN ASPHALT ADDRESS: 1776 ALL AMERICAN WAY CORONA, CA 91718 ITEM 2 POLICY PERIOD: FROM: August 1, 2011 TO: August 1, 2012 AT 12:01 A.M. STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED SHOWN ABOVE. ITEM 3. LIMITS OF INSURANCE: The Limits of Insurance, subject to all the terms of this policy, are: $25,000,000 Each Occurrence $25,000,000 Annual Aggregate (as defined in flte First Underlying Insurance Policy) ITEM 4, SCHEDULE OF UNDERLYING INSURANCE: First Underlying Insurance Policy Insurer, Policy No. and Term Applicable Limits As per Sch. of Underlying Ins. Attached Other Underlying Insurance As per Sch. of Underlying Ins. Attached ITEM 5. POLICY PREMIUM: ITEM B. ENDORSEMENTS ATTACHED: Applicable Limits SEE ATTACHED SCHEDULE Each Occurrence Annual Aggregate (where applicable) Each Occurrence Annual Aggregate (where applicable) COUNTERSIGNED 60226 (11109) DATE BY _ Chrietopher G. Kopser AUTHORIZED REPRESENTATIVE PROOF OF INSURANCE APPROVAL AS TO FORM Proof of the following insurance coverage has been received and approved as to form: (1) Contractual Liability. (2) Automobile Liability. (3) Worker's Compensation. (4) Employer's Liability. (5) General Liability. (6) Umbrella Liability. Dated: IgIt "/ Will Y Chief Di At - E-8 - SPECIAL PROVISIONS F. SPECIAL PROVISIONS I. GENERAL II. ASPHALT CONCRETE COLD PLANNING AND REPLACEMENT III. RUBBERIZED EMULSION -AGGREGATE SLURRY (REAS) SEAL, TYPE 1I IV. RE -STRIPING V. TRADE NAMES OR EQUALS VI. RAILROAD TRACK RELATED ASPHALT CONCRETE WORK L GENERAL STANDARD SPECIFICATIONS For the purpose of this contract, the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (Latest Edition), the Standard Plans for Public Works Construction (Latest Edition), and State of California, Department of Transportation Standard Plans and Standard Specifications (Latest Edition) shall apply. EXAMINATON OF THE SITE The bidders are required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. MOBILIZATION The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid. items,'and no extra compensation will be paid to the Contractor. TRAFFIC CONTROL The traffic control on the street shall be in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H) 2009 Edition or the California Manual of Temporary Traffic Controls latest Edition. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction must be included in the various bid items, and no extra compensation will be paid to Contractor. The Contractor shall be required to provide and maintain all necessary flagmen. The Contractor will provide all necessary traffic control devices. It is mutually understood that traffic control is paramount in the successful application and cure of - F-1 - SPECIAL PROVISIONS rubberized emulsion -aggregate slurry (REAS) seal, as herein described, and further that the contractor shall have full responsibility to provide adequate means to insure proper protection of the applied slurry seal. Adequate means shall be provided to protect the slurry seal from damage by traffic for a minimum of three hours after application or until such time that the mixture has cured sufficiently so that the slurry seal will not adhere to and be picked up by the tires of vehicles. When necessary to provide vehicular or pedestrian crossing over and/or through the fresh slurry, the Contractor shall furnish and spread sufficient black sand to eliminate tracking or damage to the slurred mixture or to adjacent property. If sand is applied over fresh slung for access, the Contractor shall post "Loose Gravel" construction signs. Signs. shall be posted from commencements of slurry until all sand has been cleaned from the roadway. The Contractor shall remove all sand by sweeping within 24 hours after opening the street to traffic. Should the Contractor fail to furnish sufficient precautionary traffic control (flagmen) within one (1) hour after notification by the City, the City shall place the necessary items or personnel and the Contractor shall be billed for said items or personnel. PROHIBITED PARKING IN WORK AREA Contractor shall provide the City with 72 hours notice for parking restrictions that will be posted in the work area during construction. All traffic and parking signs are to be provided and posted by the Contractor. The cost of furnishing and maintaining signs, lights and warning devices during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. CONSTRUCTION SCHEDULE At the pre -construction meeting, Contractor shall submit to the City, in writing, a construction schedule of the proposed work. The construction schedule shall show sequence of work, critical path and estimated time for completion of each work. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and submitted to the City every Monday during the construction period. CONSTRUCTION HOURS All deteriorated asphalt concrete pavement cold planning and replacement work shall occur on Saturday and/or Sunday between the hours of 7:00 a.m. to 4:30 p.m. - F-2 - SPECIAL PROVISIONS All rubberized emulsion -aggregate slurry (REAS) seal work shall also occur on Saturday and/or Sunday between the hours of 7:00 a.m. to 4:30 p.m. All re -striping work shall occur during night time between the hours of 10:00 p.m. to 4:00 a.m. Layout "Cat Track" shall be approved by the City before final re -striping. CONSTRUCTION ACTIVITIES COORDINATION The Contractor shall notify the City of Vernon Community Services & Water Department, Police Department, Fire Department, Utility Companies of the proposed work and coordinate all work under this contract with all Utilities and Public Agencies. MATERIAL SUBMITTALS The Contractor shall provide all required submittals including, but not limited to shop drawings, materials and mix designs to the City upon reward of the contract for review and approval before the construction. The "Notice to Proceed" will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. MATERIAL AND EQUIPMENT STORAGE AREAS The Contractor shall submit all proposed material and equipment storage and stock piling areas to the City for review and approval before the construction. PUBLIC CONVENIENCE The Contractor shall conduct operations to minimize the obstruction of access and inconvenience to the public and the City of Vernon Fire Department. DUST CONTROL The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water when requested by the City. The cost of furnishing and operating dust control during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. TEMPORARY WATER METER Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a. deposit of $600.00. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation. - F-3 - SPECIAL PROVISIONS PRIVATE OR PUBLIC PROPERTY DAMAGE Any damage to private or public property caused by the Contractor shall be repaired or replaced at no cost to the City. Repairs and replacements shall be at least equal to existing improvements and shall match in materials, finish and dimensions. CLEANING OF THE SITE DURING CONSTRUCTION During construction, all existing improvements adjacent to proposed slurry pavement shall be swept free from asphalt, soils, gravel, dirt or debris on a daily basis. The Contractor shall also make all necessary efforts to minimize the tracking of the fresh tack coat oil and loose asphalt aggregates on to existing improvements (sidewalks, driveways, curb and gutters, and private property). The Contractor will be responsible for such cleaning. FINAL CLEANING OF CONSTRUCTION SITE AND RESTORATION The Contractor shall be responsible for cleaning and restoration of all damaged or tracking of tack coat oil or excessive slurry on existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. The Contractor shall remove all loose aggregates on slurry sealed street surfaces by sweeping the entire street seven days after opening the street to traffic. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. SANITARY FACILITIES The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) Prior to Contractor commencing work, a completed Storm Water Pollution Prevention Plan (S WPPP) shall be on file at the construction site to comply with the State General Construction Activity Storm Water Permit. The S WPPP shall be considered as part of these Special Provisions. As part of the permitting process, the Contractor shall administer a Storm Water Pollution Prevention Plan (S WPPP). Any additional work required for compliance with the requirements of the S WPPP shall be performed by the Contractor and full compensation for conforming to these Special Provisions shall be considered as included in the various items of work involved and no additional compensation will be allowed therefore. No storm water quality problems are anticipated as a result of construction activity of this project. If problems develop, however, the Contractor shall comply with - F-4 - SPECIAL PROVISIONS all the conditions contained within the SWPPP. SWPPP preparation guidelines are available at the State of California website: httn://www.waterboards.ca gov/—rwacb4/html/urograms/stormwater/sw construction hlml The SWPPP document shall include, at a minimum, all items in Section A of the State General Construction Activity Storm Water Permit. The SWPPP monitoring program and reporting requirements shall include, at a minimum, all items in Sections B and C of the State General Construction Activity Storm Water Permit. The Contractor shall submit SWPPP for review by the City. The Contractor shall not commence activity until the SWPPP have been reviewed. The Contractor is notified that the SWPPP must be amended from time to time during construction to reflect actual construction practices. The SWPPP document shall not be construed to be a waiver of the Contractor's obligation to review and understand the State General Construction Activity Storm Water Permit before submitting a bid. By submitting a bid, the Contractor acknowledges satisfaction as to the requirements of the State General Construction Activity Storm Water Permit. The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 7, "Responsibilities of the Contractor" are considered to be Best Management Practices. Applicable construction practices in the Standard Specifications shall be incorporated into the SWPPP. Payment for Storm Water Pollution Prevention Plan (SWPPP) shall be included in the various items of work involved, and shall include full compensation for preparing and administering the SWPPP, to conform to Contractor's actual construction practices, and no additional payment will be made therefore. UNIT PRICES All costs not covered by specific unit prices but required for a complete job in place, shall be included in the bid items most related to the work. II. ASPHALT CONCRETE COLD PLANNING AND REPLACEMENT ASPHALT CONCRETE MATERIAL Asphalt concrete replacement material for this project shall be Class B-PG 70-10 per the Standard Specifications for Public Works Construction. The City shall paint limit of cold planning areas on the street pavements before construction begin. - F-5 - SPECIAL PROVISIONS QUALITY ASSURANCE AND ACCEPTANCE The City Testing and Inspection program shall be for the purposes of quality assurance and acceptance and shall include, Batch Plant Inspection, Material Sampling and Laboratory Testing, and Field Testing. All tests and inspections will be contracted and paid for by the City. Any test and inspection results that do not meet the Standard Specifications for Public Works Construction and the following requirements will result in rejection of the asphalt concrete. (1) Fractured faces of crushed rock shall conform to Standard Specifications 200-1.2. (2) Recycled Asphalt Concrete shall not be allowed. (3) Minimum air void shall be 4% per Standard Specifications 203-6.4.3. (4) The Contractor shall inform the City of the name and location of the asphalt plant that will furnish asphalt concrete to the job sites. The City will schedule plant inspection on paving days for quality control. The City will reject asphalt concrete load shipments from any other plants. FIELD TESTING OF ASPHALT CONCRETE (A C ) REPLACEMENT RELATIVE COMPACTION The asphalt concrete pavement compaction after rolling shall also be 95%. The City shall test for the field density of the compacted asphalt concrete by using a properly calibrated nuclear asphalt -testing device. The Contractor shall notify the City 48 hours in advance when to schedule field relative compaction tests. Failed compaction test areas shall be immediately removed and replaced at Contractor's expense. UNIFORM THICKNESS COLD PLANNING Removal and disposal shall be made for deteriorated asphalt concrete pavement in designated 4" uniform thickness cold plane cutting areas from the attached list which will also be marked on the street pavements. Payment will be made per square foot of the cut areas. The asphalt pavement shall be cut by any acceptable method, which will produce the specified uniform thickness depth without gouging. The quantities of plane cuttings are approximate and may be increased or decreased at the option of the City. If any valve or manhole cover falls within the uniform thickness cold plane cut area, the existing asphalt concrete around the covers shall be cut to the satisfaction of the City. The valve is to be protected from any loose material from entering. TACK COAT APPLICATION A tack coat of SS-lh shall be applied at the rate of 0.10 gallons per square yard to all uniform cold plane areas. The cost of furnishing and applying tack coat SS-lh must be included in -F-6- SPECIAL PROVISIONS the paving operation, and no extra compensation will be paid to the Contractor. The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. Under no circumstance will the tack -coat truck spray the roadway more than 200 feet ahead of the paving machine. No trucks shall utilize existing driveways for turn around. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration. ASPHALT CONCRETE REPLACEMENT All uniform thickness cold -planed areas on the streets shall be repaved (immediately) within the same day with asphalt concrete Class B-PG 70-10 prior to reopening to traffic. These areas shall be free of moisture, cleaned of any loose materials, tacked and paved flush with the adjacent pavement. Asphalt concrete tickets will be collected and paid under the corresponding bid item. No traffic shall be allowed on paved surfaces for a minimum of two hours after paving unless approved by the City. Contractor shall remove all tracked asphalt materials from concrete surfaces. No asphalt trucks shall utilize existing driveways for turn around. III. RUBBERIZED EMULSION -AGGREGATE SLURRY (REAS) SEAL TYPE II GENERAL All work shall be in accordance with this specification and as approved by the Engineer. The completed rubberized emulsion -aggregate slurry (REAS) seal shall leave a homggpnous mat, adhere firmly to the prepared surface, and have a skid resistant surface texture. All work shall be in accordance with the "Greenbook", Standard Specifications for Public Works Construction, latest edition, unless otherwise described herein. All work shall be done in a workman -like manner, within the prescribed time limits, and as directed by the engineer. As used throughout this specification, the term "Engineer" shall mean the Director of Community Services and Water or his designated representative. LABORATORY EVALUATION AND REPORT Before work commences, the Contractor shall submit a signed original of a mix design covering the specific materials to be used on the project. This design must have been performed by a qualified, independent laboratory. Previous labreports covering the exact materials to be used may be accepted provided they were made during the calendar year. Once the materials are approved, no substitution will be permitted unless first tested and approved by the laboratory preparing the mix design. - P-7 - SPECIAL PROVISIONS 600-3 RUBBERIZED EMULSION -AGGREGATE SLURRY (GREEN BOOK) 600-3.1 Description. This work shall consist of formulating a mix design, cleaning pavement surfaces, mixing and applying rubberized emulsion -aggregate slurry (REAS) seal surface treatment, and protecting the completed slurry seal until set. 600-3.2 Materials. Rubberized Emulsion -Aggregate Slurry (REAS) shall consist of Rubberized Polymer Modified Emulsion (RPME) and aggregate: Materials for REAS shall conform to the following, immediately prior to mixing. 600-3.2.1 Rubberized Polymer Modified Emulsion. The RPME shall be a slow -set or quick -set type of emulsion. RPME shall contain asphalt, crumb rubber, and polymer modifiers. 600-3.2.2 Polymer Modifier. Polymer modifier shall be latex which is added at a minimum of two percent by weight of the RPME. 600-3.2.3 Crumb Rubber. The material shall be granulated scrap tiro rubber free from fabric wires and other contaminants. Rubber shall be dry and free flowing. Calcium carbonate or talc may be added to a maximum of four percent by weight of rubber to prevent rubber particles from sticking together. The rubber shall have a specific gravity between 1.15 and 1.20. 100% of the rubberized material shall pass a 1.18mm (#16) sieve, 95% shall pass a 900 Om (#20) sieve, and a maximum of 2 percent shall pass a number 75 Om (# 200) sieve. The RPME shall contain between 66 g/L ( 0.55 lbs/gal.) and 78 g/L ( 0.651bs/gal.) of crumb rubber. 600-3.2.4 Quality Requirements. Manufacturer's shall certify that materials meet the following requirements: TABLE 600-3.2.4(A) TESTS ON RUBBERIZED POLYMER MODIFIED EMULSION Viscosity, 250 C (770 F), Brookfield, Model RVT #6 2,500 min. Spindle @ 10 RPM (Centipoise) 20,000 max. Residue by Evaporation % (ASTM D244) 50 min. Sieve Test % retained in #20 screen (ASTM D244) 2.0 max. Weight per Liter (Gallon) 1.0 kg/L (8.33 lbs/gal) min. 1.05 kg/L (8.751bs/gal) max. Penetration of Residue, 250 C (770 F), 100g, 5 sec. ASTM D5 20 min. - 40 max. Percent Residue Soluble in Trichloroethylene 75 min. ASTM D2042 SPECIAL PROVISIONS 1 Sieve test of original emulsion is 0.10 TABLE 600-3.2.4 (B) TEST ON POLYMER Mnr Total Solids (residue) ASTM D1417 I 60% min. TABLE 600-3.2.4 (C) COMMMITYnxi nu nu ♦ a AGGREGATE TYPE RPME % of Dry Aggregate Weight Residual RPME % of Dry Aggregate Weight kg of Dry Aggregate per L of RPME Pounds of Dry Aggregate per Gallon of RPME Type II -Slurry Aggregate 28 - 35 14 - 18 2.90 - 3.60 24 - 30 600-3.2.5 Aggregate. The aggregate shall consist of sound and durable natural or manufactured sand, crushed stone or crushed stone and rock dust, or a combination thereof, free of deleterious amounts of organic material, mica, and other substances not suitable for the purpose. Smooth -textured sand of less than 1.25 percent water absorption, as tested by ASTM C128, shall not exceed 50 percent of the total combined aggregate. Aggregate retained on the 300 Om sieve (No. 50) shall be 100 percent crushed. The combined aggregate shall meet the requirements of Table 203.5.2 (B) prior to any chemical additions. The combined aggregate shall conform to the gradation shown in Table 600-3.2.5 (A) when tested in accordance with ASTM C136. TABLE 600-3.25 (Al = SIEVE SIZE TYPE II -SLURRY AGGREGATE 9.5 mm (3/8") 100 4.75 mm (no.4) 90-100 2.36 nun (no.8) 65-90 1.18 mm (no.16) 45-70 600µ (no.30) 30-50 -F-9- SPECIAL PROVISIONS 300µ 18-36 150µ 10-24 75µ 5-15 600-3.2.6 Water. All water used in making the slurry shall be potable and free from harmful soluble salts. 600-3.2.7 Additives. Additives up to 1.5 percent of the dry aggregate weight, as approved in the mix design, may be used in the slurry to modify viscosity, setting, and curing characteristics. Field adjustments to additives may be made only if approved by the Engineer. 600-3.2.8 Mix Design Submittal. Mix designs and calibration shall be per 203-5.4 and the following. Mix design results shall include any proposed additives. The completed slurry shall have a minimum skid resistance of 40 when tested per California Test No. 342. The mix design shall include the weight per gallon (weight per liter) of REAS. The laboratory report will show the results of tests performed on the individual materials, comparing their values to those required by this specification.. The report will provide the following information on the slurry seal mixture: Slurry Seal Consistency Excess Asphalt West Stripping Test Compatibility Quick Set Emulsion West Track Abrasion ISSA T106 ISSA T109 ISSA T114 ISSA TI15 ISSA T102 ASTM D3910 2-3 cm 50-70 gms/sq ft Pass *Pass . **Pass 75 gms/sq ft max * Mixing tests must pass at the maximum expected air temperature ** Using job aggregates The laboratory shall further report the quantitative effects of moisture content on the unit weight. of the aggregate (bulking effect). The laboratory report must clearly show the proportions of aggregate, mineral filler (min and max), additive(s) (usage) and asphalt based on the dry aggregate weight. 600-3.3 Slurry Mixing and Spreading Equipment. The REAS shall be mixed either by a continuous flow mixer per 302-4.2.2 or a central mixing plant. A central mixing plant shall not be used for quick set REAS. If a central mixing plant is used, combining of the RPME and aggregate in the mixing tank shall be in the presence of the Engineer. The tank shall be calibrated in liters and gallons and equipped with load cells and a full sweep agitator capable of producing a homogeneous slurry mix. All storage tanks and delivery vehicles shall be equipped with an agitator. The REAS -F-10- SPECIAL PROVISIONS shall be delivered to the slurry site and spread directly behind the truck with a mechanical -type squeegee distributor, or the slurry may be pumped into smaller trucks equipped with mechanical - type squeegee distributors. All spreading equipment shall contain fog/water systems per 302-4.3.2. The mixing tank shall not be used to batch more than one job at a time. Storage tanks for RPME and REAS shall not be used to supply more than one job at a time. The weight per gallon (weight per liter) of REAS delivered to spreader box shall be within 0.92 lbs/gal (0.11 kg/L) of the mix design. 600-3.3.1 Field Mixing and Spreading Equipment Calibration. Calibration shall conform with 203-5.4 and the following. Calibration shall be per International Slurry Surfacing Association (IS SA). If the tests do not meet specification requirements, additional tests shall be performed at the Contractor's expense until an acceptable mix is obtained. 600-3.4 Application of REAS. The application of REAS shall conform to 302-4.3.2. REAS shall not be applied when the atmospheric temperature is less than 50°F (10°C) or when the atmospheric temperature at 7 a.m. is 75°F (24°C) or over, and rising to a forecast high of 100°F (39°C). The application rate of REAS mixed at a central mixing plant shall conform to 302- 4.7.6.2 of Greenbook 2012. 600-3.5 Field Sampling. Field sampling shall conform to 302-4.3.3. 600-3.6 Public Convenience and Traffic Control. Public convenience and traffic control shall conform to these Special provisions. 600-3.7 Measurement and Payment. The Central Plant Mix REAS seal shall be paid per ton but based on the appropriate application rate being met as set forth herein for 10 to 12 square feet per 13.5 pounds of REAS used. The Contractor shall also present Weighmaster's Certificates for the amount of such material remaining unused at the completion of the work at no cost to the City. Payment will be determined by deducting the amount of the unused material from the total amount of material delivered. F-11 - SPECIAL PROVISIONS The contract unit price paid for slurry seal will be considered full compensation for furnishing all material, labor for surface preparation, sweeping, protecting and cleaning all utilities and pavement markers, tools, equipment and incidentals and for doing all work involved in constructing the REAS slurry seal, complete in place, as specified in these special provisions. Payment reduction for noncompliance shall conform to 302-4.6.1 and 302-4.6.2. EQUIPMENT Prior to the award of the contract, the apparent successful bidder shall allow inspection, by City personnel, of the vehicles designated for the project. Those vehicles that pass inspection will have their I.D. numbers recorded and will be the only vehicles allowed to work on the project. Quality and safety of equipment will have a bearing on the award of the contract. All equipment, tools and machines used in the performance of this work shall be maintained in satisfactory working order at all times. MACHINE CALIBRATION VERIFICATION AND APPLICATION RATE Weight Scales: The Contractor shall provide a scale or appropriate weighing device at the project site or an alternate site approved by the City. The weighing device shall show the net weight of the aggregate bins on each slurry machine before the machine and product will be approved for applying slurry on the project. Calibration: Each slurry mixing unit to be used in performance of the work shall be calibrated in the presence of the Engineer prior to construction. Previous calibration documentation covering the exact materials to be used may be accepted provided they were made during the calendar year. The documentation shall include an individual calibration of each material at various settings, which can be related to the machine's metering device(s). No machine will be allowed to work on the project until the calibration has been completed and/or accepted. LIMITATIONS Weather: Slurry shall not be applied when the atmospheric temperature is less than 50OF (10°C). The mixture shall not be applied when weather conditions prolong opening to traffic beyond a reasonable time. Once work has started, the Contractor shall diligently perform the work to completion. - F-12 - SPECIAL PROVISIONS NOTIFICATION POSTING AND SCHEDULE CHANGES Notification and Postin : The City shall deliver "Notice to Businesses and Residents" 7 days prior to the sealing of the street. The posting of "No Parking Tow Away" signs 48 hours prior to sealing, and their subsequent removal, will be performed by the Contractor. When these signs are removed by wind, vandals, or any other reason during the course of the slurry operation, the Contractor shall repost them at no cost to the City. At least ten (10) working days prior to commencing work, the Contractor shall submit his spreading schedule based on allowing businesses and residents ample on -street parking within an 800- foot distance from their customer access to businesses. IT IS SUGGESTED THAT THE FIRST DAY'S SPREADING SCHEDULE BE CURTAILED SOMEWHAT TO ALLOW FOR USUAL START-UP DELAYS, TEST STRIPS, ETC. Schedule Changes Requests for changes in the schedule shall be submitted by the Contractor to the City for approval at least 48 hours prior to the scheduled sealing of the streets affected. Failure to meet the notified schedule requires that the contractor shall inunediately notify the businesses and residents of the cancellation for the day's work and rescheduling of the affected area. The Contractor shall then resubmit Notice to Businesses and Residents 48 hours prior to sealing of the streets. RESPONSIBILITY The City will be responsible for the advance notification of businesses and residents. The Contractor will sweep the streets to be sealed prior to applying slurry. The Contractor will place barricades, delineators, signs, flashers, and traffic control devices. The Contractor wilt provide flagmen while Contractor slurry operations are in progress. The City of Vernon shall not be held responsible for the care or protection of any material or Parts of the work prior to the Final Acceptance. The Contractor shall, at the direction of the Engineer, repair and reseal all areas of the streets which have not been sealed properly or completely at no cost to the City. PREPARATION OF THE EXISTING PAVEMENT SURFACE General: -F-13- SPECIAL PROVISIONS Prior to applying REAS slurry, all vegetation shall be sprayed with Roundup and removed from cracks in the pavement and joints between the pavement and concrete gutters by the City. Manholes, valve boxes, drop inlets and other service entrances will be protected from the slurry seal by a suitable method by the Contractor. The Engineer shall approve the surface preparation prior to sealing. Street Sweeper: Contractor shall furnish a power street sweeper with operator to clean immediately after any wet sandblasting for paint removal; to clean the asphalt pavement the same day the street is sealed; and when necessary, as deemed by the engineer, sweep the streets showing raveling and/or loose slurry aggregate after the slurry seal has set. The sweeper shall have a steel gutter broom and a rear plastic broom, and three (3) yard minimum capacity hopper. If water is used, cracks will be allowed to dry thoroughly before slurry sealing. The Engineer shall approve the surface preparation prior to sealing. Manholes, valve boxes, drop inlets and other service entrances will be protected from the slurry seal by a suitable method. The Engineer shall approve the surface preparation prior to sealing. APPLICATION The surface should be pre -wetted by fogging ahead of the slurry box when required by local conditions. Water used in pre -wetting the surface shall be applied such that the entire surface is damp with no apparent flowing water in front of the slurry box. The rate of application of the fog spray shall be adjusted during the day to suit temperatures, surface texture, humidity and dryness of the pavement surface. The slurry mixture shall be of the desired consistency upon leaving the mixer and no additional materials shall be added. A sufficient amount of slurry shall be carried in all parts of the spreader at all times.so that a complete coverage is obtained. Overloading of the spreader shall be avoided. No lumping, balling or unmixed aggregate shall be permitted. In placing slurry, the slurry machine shall move no faster than 150' a minute, or when chatter marks appear. No streaks, such as those caused by oversized aggregate, will be left in the finished surface. If excess oversize develops, the job will be stopped until the Contractor proves to the Engineer that the situation has been corrected. Where the completed slurry is not uniform in color, the street shall be treated to eliminate the color variation at the Contractor's expense. The method of treatment shall be approved by the City. -F-14- SPECIAL PROVISIONS RF,AS Slurry Crew: Each slurry crew shall be composed of a English-speaking coordinator at the project site at all times, a competent quick -set mixing person, a competent licensed driver, two (2) squeegee men, and sufficient laborers for any handwork, cleanup, and traffic control Joints: No excessive buildup, uncovered areas or unsightly appearance shall be permitted on longitudinal or transverse joints. An excessive overlap will not be permitted on longitudinal joints. The Contractor shall provide suitable width spreading equipment to produce a minimum number of longitudinal joints throughout the project. When possible, longitudinal joints shall be placed on lane lines. Half passes and odd width passes will be used only in minimum amounts. If half passes are used, they shall not be the last pass of any paved area. Mix Stability: The slurry mixture shall possess sufficient stability so that premature breaking of the slurry seal in the spreader box does notoccur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Hand Work: Areas which cannot be reached with the slurry seal machines shall be surfaced using hand squeegees to provide complete and uniform slurry seal coverage. The area to be hand worked shall be lightly dampened prior to mix placement and the slurry worked immediately. Care shall be exercised to leave no unsightly appearance from handwork or to overwork the mix. The same type finish as applied by the spreader box shall be required. Handwork shall be completed during the machine applying process. Lines: Care shall be taken to insure straight lines along gutters. No runoff on these areas will be permitted. Join lines at intersections will be kept straight to provide a good appearance. Clean-un: The Contractor is responsible for cleaning the REAS slurry and the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. The contractor shall also remove any debris associated with the work on a daily basis. The cost of furnishing labor and material for such cleaning shall be included in the bid items, -F-15- SPECIAL PROVISIONS and no extra compensation will be paid to the contractor. Raised Pavement Markers and Reflectors: Most streets have pavement markers and reflectors, which will be protected and cleaned by the Contractor to original state by water and soap immediately behind slurry spreader box. A backpack sprayer with sufficient volume and pressure to clean the wet slurry off pavement marker and reflector without damaging surrounding slurry mixture shall be used. Utility Covers: Contractor shall protect and clean all utility covers to original state. Any manhole cover, water valve cover, utility vault cover and/or drainage facility cover found to be inadequately protected and/or cleaned shall be cleaned by means such as sandblasting to remove all REAS slurry material from the metal surface or it shall be replaced by the Contractor at its expense. QUALITY CONTROL Mix Design: Refer to section 600-3 of the Standard Specifications. Materials: The Engineer may use the recorders and measuring facilities of the slurry seal unit to determine application rates, asphalt emulsion content, mineral filler and additive(s) content for an individual load. It is the responsibility of the Contractor to check stockpile moisture content and to set the machine accordingly to account for aggregate bulking. Non -Compliance: If any two successive tests fail on the stockpile material, the job shall be stopped. It is the responsibility of the contractor, at his own expense, to prove to the Engineer that the conditions have been corrected. If any two successive tests of the mix from the same machine fail, the use of the machine shall be suspended. It will be the responsibility of the contractor, at his own expense, to prove to Engineer that the problems have been corrected and that machine is working properly. GUARANTY The Contractor shall guaranty the work against defective material or workmanship for a period of one year from the date of completion of the contract. -F-16- SPECIAL PROVISIONS When defective material and/or workmanship are discovered which require repairs to be made under this guaranty, all such work shall be done by the Contractor at his own expense within ten (10) days after written notice of such defects has been given to him by the City. Should the Contractor fail to repair such defective material or workmanship within ten (10) days thereafter, the City may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required. In emergencies demanding immediate attention, the City shall have the right to repair the defect and charge the Contractor with the actual cost of all labor and material required. Any repair work performed as herein specified shall be done under the provisions of the original contract specifications. IV. RE -STRIPING GENERAL All traffic improvements shall conform to the 2006 edition of the State of California Department of Transportation (CALTRANS) Standard Plans/Traffic Manual, California Department of Transportation Standard Specifications for Construction of Local Streets and Roads and the City of Vernon Standard Plans. The Contractor shall layout (cat track) all striping. Once approved by the City, the striping of all the streets shall be installed with two coats of water based Pervo paint with beads or approved equal. The Contractor shall furnish the. necessary control points for all existing striping and legend marking prior to removing them. Traffic striping shall be replaced upon the slurry sealed surface according to the plans. The Contractor shall be responsible for the completeness and accuracy of the layout and re -striping to the satisfaction of the City. The Contractor shall also install pavement legend according to the striping plans. All stripings shall conform to the latest edition of the Caltrans Standard Plan/Traffic Manual. Pavement markers (reflectors) shall be installed along side with painted striping. on Fruitland Avenue, Vernon Avenue and 5 1 " Street per channelization plans. The City of Vernon shall provide (lend) City Standard Stencils for pavement legend markers with no cost to the contractor. MATERIAL The paint to be used on all work done under this contract shall be Pervo Paint Company, water -based traffic paint, 8010-20BMAX white and 8010-20BMAX lead-free yellow, or approval equal. Paint shall be installed per manufacture's instructions and the Special Provisions. Thinner shall not be mixed with paint. Paint shall dry "tack free" within fifteen (15) minutes. Reflective glass beads shall be added to the paint. The cost of preparing layout, furnishing control points, all paints, beads, other material and equipment required to complete the job must be included in the various bid items, and no extra F-17 - SPECIAL PROVISIONS compensation will be paid to the contractor. V. TRADE NAMES OR EOUALS If a Contractor submits a bid other than specified in the specifications as equal, then the City and the Contractor shall follow the section "4-1.6 Trade Names or Equals" of "Standard Specifications for Public Works Construction" (Green Book). VI. RAILROAD TRACK RELATED ASPHALT CONCRETE WORK The Contractor shall coordinate with the BNSF Railroad Company for the asphalt concrete removal and asphalt paving in and around the Railroads right-of-way. After cold planning existing asphalt concrete, new asphalt concrete pavement between rails shall be repaved immediately to finished grade of the tracks. Asphalt concrete cold planning and repaving will be paid under the corresponding bid items. All other extra costs that may incur by the Contractor while working in and around the Railroad right-of-way shall be included in the various bid items and no extra compensation will be paid to the Contractor. The costs may include, but not limited to flagmen, agreements, traffic control, inspections, co-ordination, overhead, remobilization, sign and downtime. The Railroad Company, contact name and telephone number and website for the requirements are as follows: BNSF Railway Company Mr. Greg Rousseau, Project Engineer, 909-386-4079 hLtp://www.bnsfcOm/communities/faqs/Xermits-real-estate/ On 49`h Street, Contractor shall uniform cold plane existing asphalt concrete (4" deep) between 5' wide rails on 8 railroad tracks and repaved with new asphalt concrete within the same day. Also on 49`h Street, BNSF will remove wood ties (8" deep) on one westerly main track and remove an abandoned spur track next (west) to it and Contractor shall repaved both removal areas with new asphalt concrete within the same day, On Fruitland Avenue, BNSF will remove wood ties (8" deep) on two tracks located west of Malabar Street and Contractor shall repaved both removal areas with new asphalt concrete within the same day. -F-18- G. LIST OF 4"ASPHALT CONCRETE AND REPLACEMENT LOCATIONS W > •t m LLLo U) CO tmlqrm` oti (o (Nfl O Ln " LOW - rV I � cy) N w a) j1 M II U ca y (.0 Ln cu 11 cM LL j M + L(j I- h II G. ' ! �0 1 Z O d it LU to d 0 o I� + co N .0 W U m LUJ O o cc + °F oci' Q a) LL m W o u rn c m m y_ U m a o Y to co ti II tco + oo Q N LL cu cu 0� o � ( o Y � 12 cu U o U o 1 11 X v a) � 'a C o m CD Q II 0 X v C Q -0O N IL o Y am o L(j Q + 0 Y a�mi U) N M Q li m N o E o m ¢ E 9,9 Q m LLC N co E /" m Q E� U) E C/) � � E g m 2 Y a� -c M E = m C cn O m � { Y m U) LoCO Y m L co Y m cn rn Y m\ U) A a E m U)C o c a) .5 5N Q cu 2 Q cn LL ZN co It LO (p r pp ❑ Q W Z Q � Ur ❑ Q W Z 0 M Z Z Z Z ❑ a w Q U W ILU � � I- 0 C7 J Ul U Z 0 Z N fl� U ❑ � 0 V U Z 0 0 W 2 W W Z �LL4 J m a W W U1 U m I Z Q J Z W I IL > Q J a 0 0 Z Q F I I W W W W w U > N 0 J IL U W I Of .. I W I- J 0 J Q H. MAP OF 4" ASPHALT CON AND REPLACEMENT LOCATIONS W Jz W Q W LL Q z Q Ul B N S F RAILROAD TIES REMOVAL LOCATIONS W I W not to scale > Q VA 49TH 30'X38' 2 rail tracks (1 wood ties removal) (1 track removal) 2 rail tracks wood ties removal 30'X38' z 0 a Q 2 STREET FRUITLANDr/A AVENUE n Q W J 0 M LY LL U Q a MMM0 J. LIST OF RUBBERIZED EMULSION -AGGREGATE SLURRY (REAS) SEAL STREETS NO NO. - - --------- - - -------- ...... TYPE 11 -SLURRY (Square Feet) Proposed streets list I Ist Street from 57th Street to Slauson Avenue 25,200 2 27th Street from West End to Santa Fe Avenue 11,590 3 S t 27th Street from Santa Fe Avenue to East End 90,440 4 S tr Street from Santa Fe Avenue to East End 41,551 5 45th Street from Pacific Blvd. to East End 56,000 6 46th Street from Pacific Blvd. to Soto Street 61,956 7 48th Street from Alameda Street to Santa Fe Avenue 97,890 8 49th Street from Santa Fe Ave. to Pacific Bl. 53,000 9 51st Street from Alameda St. to Santa Fe Ave. 93,898 10 52nd Street from Santa Fe Ave. to Pacific Blvd. 54,872 11 Ha a mpton Pt 0 n Hampton Avenue from 49th Street to Chambers St. 33,152 12 Cham e r� ambers b Chambers Street from Hampton Av to Pacific Blvd. 20 21,320 13 Anderson Street from 57th Street to 2nd Street 3 2 32,340 3 4 1 4 M S1 la Malaba Street from 52nd St. to Fruitland Ave. 8 8 1 132 1 3 2 15 S m.1 M Seville Seville Avenue from 37th Street to Fruitland Avenue. 1 1 110,075 0 0 7 16 City y r Y City Yard Entrance from Vernon Ave. to North End 1 2 10,824 0 8 4 17 PI Furlong place from Vernon Avenue to North End 5,880 1 8 MI ry a S Minerva Street from 26th Street to North City Limit 8,240 19 Fruitland Avenue from Santa Fe Avenue to Soto Street 124,070 I EA Total quantity estimate for REAS Seal, Type ll= �E 940,43i607 K. MAP OF RUBBERIZED EMULSION -AGGREGATE SLURRY (REAS) SEAL STREETS OF CGS PNG£LE6 c rTY n UIIJI 31I a D ^ )1 o I € N_ 2 a n. woos 9 a � w.wrE ^ N r-----� I q •. � I i e w ❑ n.wR � ^ I I J_ p e Q n • nl , / I � xL � cn.- or ,..wrwooG I w wcaa 4E� I � if a q if f I I I,y g I [ FEv$E �a _ =1 0 z Ll / m chi m m v =� q r > LnMm m � �{ ,"m O ^ N D CJ p �G7m r m ° / ° Dmmr� °w T ZO a ^ o N [ fil _ n ❑z �• 2 yAN� o N F / U) m ❑ X L. CONTRACTSHEETSCHEDULE CONTRACT SHEET SCHEDULE SHEET NO. PLAN NO. DESCRIPTION 1 N/A PROJECT MAP 2 N/A 4" A. C. COLD PLANING AND REPLACEMENT LOCATIONS 3 N/A RUBBERIZED EMULSION -AGGREGATE SLURRY SEAL (REAS) LOCATIONS 4 T2707 50TH STREET FROM SEVILLE AVENUE TO SOTO STREET CHANNELIZATION 5 T2694 1ST STREET AND MINERVA STREET CHANNELIZATION 6 - 7 T2695 27TH STREET FROM WEST END TO EAST END CHANNELIZATION 8 T2696 28TH STREET FROM SANTA FE AVENUE TO EAST END CHANNELIZATION 9 T2712 45TH STREET FROM PACIFIC BLVD: TO EAST END CHANNELIZATION 10 T2697 46TH STREET FROM PACIFIC BLVD. TO SOTO STREET CHANNELIZATION 11 T2698 49TH STREET FROM SANTA FE AVENUE TO PACIFIC BLVD. CHANNELIZATION 12 -13 T2699 51ST STREET FROM ALAMEDA TO SANTA FE AVENUE CHANNELIZATION 14 T2700 52ND STREET FROM SANTA FE AVENUE TO PACIFIC BLVD. CHANNELIZATION 15 T2701 ANDERSON STREET FROM 57TH STREET TO 2ND STREET CHANNELIZATION 16 -17 T2703 FRUITLAND AVENUE FROM SANTA FE TO SOTO STREET CHANNELIZATION 18 T2702 CHAMBER STREET AND HAMPTON AVENUE CHANNELIZATION 19 -21 T2705 SEVILLE AVENUE FROM 37TH ST. TO FRUITLAND AVE. CHANNELIZATION 22 -23 T2706 48TH STREET FROM ALAMEDA TO SANTA FE AVENUE CHANNELIZATION 24 T2704 MALABAR ST., FURLONG PLACE, AND CITY YARD ENTRANCE CHANNELIZATION M. STANDARD PLANS s1-on CVERNON CONSTRUCTIONJECT PROJECT NAME .SCHEDULED TO BEGIN DATE AN, TO P.M. EXPECT TRAFFIC DEIAYS . . . 4'-o" NOTES: 1 • ALL FRAMING LUMBER To BE .Z x 6" S4S . D.F. 2. ENTIRE.SIGN, INCLUDING FRAMING, T0, BE PAINTED WITH TWO COATS OF' MERIOR OIL BASE WHCfE PAINT, 3. LETMING TO BE DORE.IN BLACK BY QUALIFIED . SIGN PAINTER AND TO THE SATISFACTION OF THE ENGINEER. 4. SIGNS TO BE MAINTAINED IN A. CONDITION SAILS. FACMRY TO THE ENOINEER: 5. SIGNS TO BE FURNISHED BY CONTRACTOR AND INS 3TAl,LED. AND MOVED BY CONTRACTOR AS .DIRER BY THE ENGINEER. NO CONSTRUCTION SHALL COM- MfrNOE UNTIL SIGNS ARE IN pIACE, STANaARp CGNSTRUCTIQN SIGN Qnk of MRON 0